BADIL Annual Report

Narrative Report Financial Audit Report

2004

With Assessment Report 2002 - 2004

BADIL Resource Center for Palestinian Residency and Refugee Rights

BADIL Resource Center for Palestinian Residency and Refugee Rights

PO Box 728, Bethlehem, Tel/Fax. 02-2747346; Tel: 02-2777086 Email: [email protected]; Website: www.badil.org

2004 Annual Report Approved by the BADIL Board (March 2005)

BADIL Resource Center was established in January 1998 and is registered as a non-profit association under the Palestinian NGO Law. BADIL’s Board and Oversight Committee were elected by the third General Assembly convened on 24 September 2004.

BADIL takes a rights-based approach to the Palestinian refugee issue, through research, advocacy, and support of community participation in the search for durable solutions. CONTENTS

Introduction : BADIL’s Environment in 2002–2004 ...... 7

Part One : SUMMARY ASSESSMENT, BADIL 2002 – 2004 Achievements – Gaps - Ways Forward 1. Program...... 11 2. Management...... 14

Part Two : ORGANIZATIONAL PROFILE 2004 1. Organizational Structure...... 19 1.1 Management...... 19 1.2 Units and Staff...... 19 1.3 Major Partners and Networks...... 21 1.4 Organizational Affiliations…...... …...... ……22 1.5 Gender Dimension…...... ….22 2. Fundraising and Finances...... 22 2.1 Fund raising...... 22 2.2 Financial Management and Reporting...... 22 3. Public Relations and Services...... 23 3.1 Participation in the International Conferences...... 23 3.2 Services, Visitors and Delegations...... 23

Part Three : ACTIVITY REPORTS, BADIL PROJECTS 2004 1. Campaign for Palestinian Refugee Rights...... 25 1.1 Local community Awareness Raising and Empowerment...... 25 1.2 Community Capacity Building and training...... 32 1.3 Regional / International Awareness-Raising and Advocacy...... 36 2. Research and Information……...... ….…....………...... 38 2.1 Research and Information...... 38 2.2 Documentation...... 42 2.3 Networking and Advocacy in the Expert Community...... 42 3. Legal Projectfor Palestinian Refugee Rights...... 43 3.1 Development of Legal Research and Analysis...... 43 3.2 Networking, Dialogue and Cooperation with the Expert Community...... 45 3.3 Expert Dialogue and Cooperation with Palestinian Refugee Community...... 46 3.4 Legal Advocacy and Lobbying...... 47

Part Four: FINANCIAL AUDIT REPORT ...... 55 Institutional Structures

General Assembly 2004 Board Members

Adnan Abelmalik (Nur Shams RC/Nablus) Head of Board: Salem Abu Hawwash (Doura/Hebron) Adnan Ajarmeh (Aida RC/Bethlehem) Co-head of Board : Dr. Abdelfattah Abu Srour( for rotation in 2006 ) Afif Ghatashe (Fawwar RC/Hebron) Deputy Head: Tayseer Nasrallah (Balata Camp/Nablus) Ahmad As'ad (Al-Far'ah RC/Nablus) Secretary: Naji Odeh (Deheishe Camp/Bethlehem) Ahmad Muhaisen (Deheishe RC/Bethlehem) Treasurer: Adnan Ajarmeh (‘Aida Camp/Bethlehem) Ahmad Radwan (Jelazoun RC/Ramallah) Wisal al-Salem (Nur Shams Camp/Tulkarem) Anwar A. Hamam (Balata RC/Nablus) Rif’a Abu al-Reesh (Am’ari Camp/Ramallah) Ashraf Abu Kheiran (al-Arroub RC/Hebron) Anwar Hamam (Balata Camp/Nablus) Atallah Salem (Deheishe RC/Bethlehem) Dr. Adnan Shehadeh (al-Arroub Camp/Hebron) Ayed Ja'aysah (Al-Far'ah RC/Nablus) Bassam Abu 'Aker (Aida RC/Bethlehem) Oversight Committee Buthaina Darwish (Beit Jala/USA) Dr. Abdelfattah Abu Srour (Aida Afif Ghatashe (al-Fawwar Camp/Hebron) RC/Bethlehem) Fayez Arafat (Balata Camp/Nablus) Dr. Adnan Shehadeh (Arroub RC/Hebron) Mustafa Shehab (Tulkarem Camp/Tulkarem) Dr. Nayef Jarrad (Tulkarem) Faisal Salameh (Tulkarem RC/Tulkarem) Fayyez H. Arafat (Balata RC/Nablus) Executive Committee

Gail Boling (NY/USA) Ghassan M. Khader (Balata RC/Nablus) Director : Ingrid Jaradat Gassner Hassan al-Barmil (Aida RC/Bethlehem) Admin-Finance Officer : Najwa Darwish Hussam M. Khader (Balata RC/Nablus) Coordinator/Campaign Unit : Muhammad Jaradat Ibrahim Abu Srour (Aida RC/Bethlehem) Coordinator/Resource Unit : Terry Rempel Imad Shawish (Al-Far'ah RC/Nablus) Coordinator/Legal Unit : Ingrid Jaradat Gassner and Terry Ingrid Jaradat Gassner (Beit Jala) Rempel Issa Qaraq’a (Aida RC/Bethlehem) Jamal Shati (Jenin RC/Jenin) Special Board Committee, Community Emergency Projects Kamal al-Qeisi (Azza RC/Bethlehem) Lama al-Habel (USA) Salem Abu Hawwash, Tayseer Nasrallah, Adnan Ajarm eh, Lama Ramadan (Deheishe RC/Bethlehem) Samir Odeh (member of the previous BADIL Oversight Muhammad al-Lahham (Deheishe Committee). RC/Bethlehem) Muhammad Jaradat (Beit Jala) Organizational Affiliations Mustafa Y. Shahab (Nur Shams RC/Nablus) Naji Odeh (Deheishe RC/Bethlehem) BADIL is a member of the Palestine Right-of-Return Coalition Najwah Darwish (Beit Jala) and currently hosting its Secretariat. BADIL is an affiliate of the Nihad Boqa’i (Sha’b/) Child Rights Information Network (CRIN) registered in the UK Rajeh al-Til (Dahariya/Hebron) and al-Awda/Palestine Right-to-Return Coalition registered in Rifa’ Abu al-Reesh (al-Am’ari RC/Ramallah) the U.S. BADIL has pending applications for 'special Salem Abu Hawwash (Doura/Hebron) consultative status' with UN ECOSOC and for membership with Samir Ata Odeh (Aida RC/Bethlehem) the Palestinian NGO network, PNGO. Shaher J. al-Bedawi (Balata RC/Nablus) Tayseer S. Nassrallah (Balata RC/Nablus) Terry Rempel (Bethlehem) Wajih Atallah (Kalandia RC/Jerusalem) Walid M. Ja’arim (Balata RC/Nablus) Walid Qawasmeh (Ramallah) Wisal F. al-Salem (Nur Shams RC/Nablus). Abbreviations and Acronyms

ACAP Arab Center for Alternative Planning ADRID Association for the Defense of the Rights of the Internally Displaced in CIDA Canadian International Development Agency CIHRS Cairo Institute for Human Rights Studies CLS Center for Lebanese Studies (Oxford University) COHRE Center on Housing Rights and Evictions ECOSOC UN Economic and Social Council IDP Internally Displaced Persons IDRC International Development Research Center (Canada) LSN BADIL Legal Support Network MCC Mennonite Central Committee NPA Norwegian People's Aid OPT 1967 Occupied Palestinian Territories PNGO Palestinian NGO Network PLO Palestine Liberation Organization PNC Palestinian National Council PLC Palestinian Legislative Council RIIA Royal Institute for International Affairs (UK) ROR Right of Return RCUV Regional Council of Unrecognized Villages in the Naqab/Negev UNHCR UN High Commissioner for Refugees UNRWA UN Relief and Work Agency for Palestine Refugees UNDP/TOKTEN UN Development Program-Transfer of Knowledge Through Expatriate Nationals UYAC Union of Youth Activities Centers

INTRODUCTION

BADIL’s Environment 2002 - 2004

The period of 2002-2004 was a period of dramatic events in Palestine. It was a period in which Israel’s strategic objectives vis-à-vis the Palestinian people transformed from 'controlled accommodation' by means of a negotiated settlement (Oslo process) to outright confrontation aimed at subjection by means of military and political power. Military re-invasion of areas previously relinquished to Palestinian jurisdiction, massive destruction of Palestinian national and private infrastructure, re-establishment of direct Israeli military occupation and construction of the separation/apartheid wall were landmarks in this process. As a result, were thrown into a struggle for physical and political survival compounded with the challenges of leadership transition following the death of President Arafat in November 2004.

At the end of this period, the Palestinian people and its leadership face an Israel that has removed -in the words of the prime minister’s senior advisor- “this whole package called the Palestinian state, with all that it entails,” indefinitely from its agenda. “And all this with authority and permission. All with a [U.S.] presidential blessing and the ratification of both houses of the Congress. [Israel’s Gaza disengagement plan] supplies the amount of formaldehyde that is necessary so there will not be a political process with the Palestinians. And when you freeze that process, you prevent the establishment of a Palestinian state, and you prevent a discussion on the refugees, the borders and Jerusalem.” 1

The political scenario underlying BADIL’s 2002-2004 Plan of Action only partially predicted these dramatic developments. Political indicators and best practice elsewhere, especially the divorce between international law and US-led peace efforts, suggested that the Oslo process would not lead to a negotiated peace agreement and a just and durable solution for . As expected, Israel changed its strategic objectives vis- a-vis the Palestinian people following the failure of the Israeli-Palestinian peace summit (Camp David, 2000) and re-established direct military rule over previously autonomous Palestinian areas.

Starting from 2002, BADIL thus adapted its work among the local refugee community to provide meaningful assistance (via emergency support to community organizations as part of the Refugee Campaign Project, and via special community emergency projects) in addition to awareness-raising and advocacy efforts for rights-based durable solutions. Throughout 2002-2004, physical destruction, closures and geographic fragmentation required a systematic effort at building networks and capacity for grass-roots organizing in an extremely adverse environment.

Our 2002-2004 Action Plan, however, did not take into account that the powerful international players, including the United States, would accommodate the new Israeli strategy almost without challenge. Unable to foresee other dramatic events (the 2001 terror attack on the World Trade Center, the US-led war against Iraq) and their implications for Palestine, BADIL assumed that international crisis management in the region would be guided by a minimum of respect for international law and previous political commitments. Based on this assumption, BADIL – like all Palestinian civil society and leadership – initially focused all advocacy and campaigning efforts at achieving an international response that would provide basic protection for the Palestinian people. We failed to understand early on that unilateralism had become the norm and underestimated the ease with which western states sacrifice universal standards – including basic Palestinian rights - to perceived political interests and alliances with Israel and the United States. Left Photo: The separation Wall in near Bethlehem. © Nathalie Bardou/BADIL.

1 Dov Weissglass in an interview with Ha’aretz, 7 October 2004. 7 As individual state actors and the United Nations failed to intervene effectively, Israel’s colonization and military occupation of the 1967 OPT continued. By 2004, the scope of these measures is about to render the establishment of a sovereign Palestinian state unfeasible. In the face of this challenge, Palestinian civil society organizations, among them BADIL, have stepped up coordination with civil society organizations worldwide to build a broad public Israel boycott-divestment-sanction campaign which can build pressure on Israel and other state actors to take serious their obligations under international law. This campaign includes raising public awareness of Israel’s colonial and apartheid-style policies as the root causes of the protracted conflict and advocacy for a rights-based approach to the search for durable solutions. Such a rights-based approach highlights the need for peace-making based on the respect of basic human rights and the inclusion of the Palestinian people, in particular Palestinian refugees in Palestine and in exile. These efforts must be accompanied by more effective lobbying of policy and decision makers.

For Palestinian refugees and BADIL, the dramatic events of 2002-2004 have not only brought devastation, but also some new opportunities. Stirred by and suspicious of the treatment of their case in past political negotiations, Palestinian refugees in Palestine and in exile have sustained community organizing, networking and campaigning throughout the current political and humanitarian crisis. By 2004, the Palestinian refugee issue is on the top of the Palestinian public agenda and there is consensus that the right to return, housing and property restitution and compensation are basic rights which must not be compromised by any Palestinian leadership in the future. This Palestinian consensus gains strength from international law, state practice in solutions of other refugee problems, and the June 2004 ruling of the International Court of Justice (ICJ) on Israel’s separation/apartheid wall. Efforts at learning from the failure of the Oslo process have also contributed to increased interest in Palestinian refugees, the Palestinian Nakba of 1948 and refugee rights in durable solutions worldwide and in Israel. By 2004, Arab, Israeli and western media feature the Palestinian refugee issue more than in the past, international human rights and peace activists seek information, and Jewish Israeli grass roots organization have engaged in learning the Palestinian Nakba and refugee rights. For BADIL there is much work and an important role to play in this context.

8

Part One : SUMMARY ASSESSMENT, BADIL 2002 - 2004 Achievements – Gaps – Ways Forward

1. BADIL Program (internal assessment)

In 2002-2004 BADIL operated based on a Plan of Action designed to achieve three major objectives: i) to empower Palestinian refugees for effective participation in the search for rights- based durable solutions of their plight; ii) to strengthen the role of international law in protection and the search for durable solutions for Palestinian refugees, and, iii) to build awareness and recognition of Palestinian refugee rights among civil society and policy makers. The BADIL program was implemented by means of three core projects/program units: Campaign for Palestinian Refugee Rights, Research and Information, and the Legal Project/Unit.

Below is an internal assessment of BADIL program performance in 2002-2004 with program targets assessed based on self-evaluation and feedback regularly derived from local, regional and international partners active in BADIL support networks and the Palestine ROR Coalition.

The Strength of BADIL lies in its structure and program which successfully combine refugee community-based work with professional research and advocacy in international fora. BADIL’s ability to produce high-quality research and information is an additional asset, which has opened up many new opportunities for networking and advocacy with and among the professional community previously un-exposed to the Palestinian refugee issue.

Challenges to BADIL’s community- and rights-based program derived mainly from the steadily growing political and humanitarian crisis following the collapse of the Oslo peace process. Advocacy of a just and durable solution for Palestinian refugees threatened to become meaningless in a context where Palestinian refugees are forced to struggle for survival and powerful players persistently reject political solutions based on international law.

Solutions included the establishment, since 2002, of special BADIL Community Emergency Projects which provide immediate and meaningful assistance to community partners and enable them to remain engaged in the long-term advocacy effort for Palestinian refugee rights. Emergency Projects are implemented by the BADIL Board and separate from the regular BADIL program ( see Assessment, BADIL Management). a) Major Achievements

1. Refugee Community Empowerment and Participation

The local refugee community network was rebuilt following its destruction by Israel’s 2002 military re-occupation of the West Bank; coordination among local right-of-return initiatives has improved; and, the Palestine ROR Coalition serves as a global network for sustained coordination and action by Palestinian refugee community organizations in Palestine and in exile.

BADIL activities which have contributed to this development include: operation of a wireless communication system among refugee community organizations in Palestine (West Bank, Gaza, 1948 Palestine/Israel); small-scale financial and logistic support of refugee community initiatives (Nakba memorials, rallies, cultural and educational activities); a 2003-4 project of institutional capacity building and awareness-raising with Left Photo: Children at play in the Association for the Defense of the Rights of the Internally Displaced in Israel the alleyways of Dheishe refugee camp, Bethlehem. (ADRID); organization of annual meetings (since 2000) of the global Palestine Right of © Nathalie Bardou/BADIL. Return Coalition. 11 By 2004, language and public speech of Palestinian refugee community activists increasingly reflects a human rights vision based on international law. The Palestinian discourse on the refugee question is firmly based on international law and on the top of the public agenda.

Dozens of community workshops (with and without external experts) were conducted in West Bank and Gaza refugee camps, 1948 Palestine/Israel and in on topics, such as: international refugee law, improvement of refugee protection, lessons learned from refugee return and property restitution in Bosnia-Herzegovina, refugee community participation, refugee rights in recent peace proposals, and ways for effective community organizing. Three 'Fact Finding Visits' for Palestinian refugee delegations were undertaken to study lessons learned from refugee return and restitution in Bosnia- Herzegovina (2002), South Africa (2003), and Cyprus (2004). Broader outreach to the Palestinian civil society organizations was accomplished by means of a series of consultation workshops (2004) and BADIL media projects ( see point 3 below).

2. Strengthen Human Rights Principles Applicable to Palestinian Refugees

BADIL research and networking among experts and academia have resulted in sustained partnership and cooperation in the promotion of a rights-based approach to the Palestinian refugee issue.

BADIL research has received wide recognition for its high standards and facilitated participation in dozens of international conferences and seminars. More than 70 international and local experts have joined the BADIL Legal Support Network and helped garner support for a rights-based approach to the Palestinian refugee question among academia, international organizations and policy makers. The annual Survey of Palestinian Refugees and Displaced Persons (2002 and 2003) served to present BADIL research and information in a comprehensive and professional format. The Handbook on Protection of Palestinian Refugees (2004) and the 2003-2004 BADIL Expert Forum (Ghent, Geneva, Cairo, Haifa seminars) were especially effective in improving outreach to and networking with academia and human rights professionals.

BADIL legal advocacy and lobbying contributed to improving instruments and mechanisms relevant for protection and durable solutions for Palestinian refugees.

The UN Committee on Economic, Social and Cultural Rights(2003) affirmed Palestinian refugees’ right of return and noted with concern the discriminatory effect of Israel’s excessive emphasis on the Jewish character of the state; sustained dialogue with UNRWA and UNHCR contributed to clarification of the status of Palestinian refugees under the 1951 Refugee Convention ( see , e.g. 2002 UNHCR Note on the Applicability of the 1951 Convention Relating to Palestinian Refugees) and to a new initiative by UNRWA and UNHCR to jointly enhance Palestinian refugee protection (2004).

3. Build Awareness and Recognition of Palestinian Refugee Rights

Outreach of BADIL information improved substantially at the local, regional and international levels. By 2004, the Palestinian refugee question was on the top of the Palestinian public agenda and no longer ignored by Israeli, Arab and international media, publics and policy makers.

Since 2003, BADIL has conducted media initiatives aimed at broader outreach to the local and regional public, such as: Nakba memorial TV-campaigns coordinated with the local TV network MA’AN, and the bi-monthly -language magazine Haq al-Awda (circulation 50,000) distributed as a supplement to the Palestinian dailies Al-Ayyam and al-Ittihad and shipped to Palestinian communities in exile. International dissemination was improved by better targeting of press releases (email lists), re-design of the BADIL 12 website, and international registration (ISSN, ISBN) of BADIL publications. By 2004, increased recognition of the merits of a rights-based approach to the Palestinian refugee question gave rise to a growing number of relevant research and advocacy initiatives, many of them including BADIL among their speakers and consultants, and several objective reports about the Palestinian Nakba and the right of return were published in Israeli media.

Initial steps were accomplished towards the engagement of Jewish-Israeli society in constructive debate about the Palestinian Nakba , ongoing displacement and rights-based solutions for Palestinian refugees.

New interest in the root-causes of the historic conflict, triggered among a sector of Jewish-Israeli society by the Palestinian uprising since September 2000, provided a new opportunity for proactive intervention by BADIL. Dissemination of a Hebrew-language Information Packet/The Right of Return (2003-2004), cooperation with the Association and the Emil Touma Institute in education and awareness-raising among the Israeli public, including a first Right-of-Return Conference in Haifa (2004), have produced modest but encouraging results. b) Gaps

Irrespective of efforts and achievements in this period, Palestinian refugees and their rights remain largely excluded from official Middle East peace efforts and international civil society remains ill informed about root causes of and appropriate remedies for the protracted conflict, in particular the Palestinian refugee question. Although the reasons for this situation can be attributed mainly to policy interests and priorities of the powerful political players, some factors are directly related to gaps in the BADIL program:

Palestinian refugees do not have sufficient capacity for more effective participation, advocacy and lobbying for their rights. Past BADIL empowerment efforts, in particular training and capacity building, were not systematic nor wide enough in scope.

Targets for BADIL publicity and outreach have yet to be achieved , irrespective of significant progress made in the previous period, mainly because of: i) inadequate financial and human resources; and, ii) BADIL’s focus in the past on research and information production which, although justifiable, came at the expense of systematic and professional outreach, dissemination and public relations efforts. c) Ways Forward

BADIL’s new 2005-2007 Action Plan is designed to treat program gaps identified in the previous period. Systematic efforts at refugee community capacity building and expanding information outreach represent the core of the BADIL program in the new Action Plan. (A copy of the Plan is available upon request.)

An external evaluation of part of BADIL’s program (Refugee Rights Campaign) will be conducted with the help of DanChurch Aid in 2005. It may provide additional useful recommendations for future program adaptation.

13 2. BADIL Management (internal assessment and external evaluation)

Guidance, supervision and management of BADIL in 2002-2004 were the responsibility of the General Assembly, Oversight Committee, Board, Director and the BADIL staff Executive Committee.

Below is an internal assessment of BADIL management performance strengthened by the findings of an external evaluation of BADIL admin-finance management conducted in 2004.

The Strength of BADIL lies in the fact that it has proved to be sustainable and capable of institutional development and growth, despite an extremely unfavorable environment. The BADIL management has been able to guarantee basic financial security and organizational guidance throughout times of crisis characterized by military occupation (closures, curfews and detention of BADIL members) and political uncertainty. BADIL’s small, dedicated and highly professional staff team has remained stable and productive over the past seven years.

Challenges to the functioning of elected BADIL institutions (General Assembly, Board and Oversight Committee) were posed by the Israeli military occupation, in particular by restriction of movement, arrest and detention. Throughout the entire period, members residing in the northern West Bank were rarely able to participate in BADIL meetings held in Bethlehem, and by the end of 2004 three members remained in military detention.

Solutions allowed BADIL’s elected institutions to remain active despite the unfavorable environment. Initial paralysis of elected BADIL institutions was overcome in 2003-2004 with the help of a small Steering Committee composed of members of the BADIL Board and Oversight Committee residing in the southern West Bank and wireless communication with the remaining Board members. Due to major collective effort a General Assembly meeting was held in 2004 as required by local law and the BADIL statute.

Institutional decision making thus remained efficient and facilitated growth and development of BADIL.

a) Major Achievements

Institutional transparency, combined with high quality work, built confidence among and facilitated new partnerships with local and international partners and donors.

BADIL is widely respected by its partners in Palestine and abroad, in particular by international experts and Palestinian refugee community activists who have provided major, sustained and voluntary contributions to the BADIL program. BADIL income from grants has increased steadily from an average of US $251,000 (1999-2001), to an average of US $418,055 (2002-2003) and an income of US $440,148 in 2004. The volume of grants received from international non-governmental and governmental donors thus almost doubled and exceeded the income projected in the 2002-2004 Action Plan.

Timely decisions were taken in 2002-2004 for the implementation of ambitious plans of long-term institutional development.

In 2003, BADIL decided to purchase and develop new office space. In 2004, BADIL collectively assessed organizational performance and developed the new three-year Action Plan (2005–2007) including a concerted effort at admin-finance reform ( see 14 below). BADIL Board members took the lead in implementation of the first BADIL Special Community Emergency Project in 2002-2003 and completed it successfully.

A first Community Emergency Project for temporary job creation and reconstruction in refugee camps was supervised and implemented by a special Board Committee established for this purpose. The project was supported by and implemented successfully with the help of Oxfam Solidarity Belgium and the Belgian government in 2002-2003. 2 A proposal for a follow-up emergency project was submitted to Oxfam Solidarity and ECHO in 2004.

Development of the new office space proceeded more rapidly than planned:

In 2004 BADIL moved into its new office including a spacious meeting room, library, storage and archive space, thus improving BADIL’s capacity for professional operation. New computer equipment was purchased for technological upgrading in 2005, and financial obligations remaining for the future are smaller than initially expected and planned. b) Gaps

Until 2003, the sense of urgency to advance BADIL program objectives led to a situation where administrative affairs and long term planning for institutional sustainability and development were perceived secondary. Shortage of human resources and long-term funding, imbalance between core-funding and project funding, and an excessive work load on staff were the outcome. c) Ways Forward

In 2004 BADIL undertook a systematic assessment of medium-term management needs . External evaluation was conducted with the help of a team of local consultants and resulted in the following findings. 3

BADIL requires a systematic plan for recruiting and training new staff and executive leadership. BADIL’s finance system needs to be more efficient, and there is duplication of work on some tasks. Financial planning, monitoring, reporting and fundraising strategies must be adapted and developed to meet new needs created by institutional growth.

BADIL management requires greater professional knowledge in financial planning, public accounting and treatment of transactions. Financial planning and accounting as currently available is the result of ‘learning by doing,’ and management personnel could benefit from systematic training.

Short-term recommendations resulting from the evaluation were implemented in the second half of 2004 with the help of the same team of consultants.

Improvement of accounting and external audit : BADIL’s computer-based system for accounting, financial monitoring and reporting was fully activated as a first step towards introduction of a more powerful accounting program in the future. A new audit firm (KPGM) better equipped to assist BADIL with implementation of its reform was contracted for the fiscal year of 2005.

2 For details, see BADIL Annual Reports for 2002 and 2003. 3 The detailed external “Evaluation Report, BADIL Administration and Financial Management” prepared by the consultant team in November 2004 is available upon request. 15 Change of institutional currency and local bank : BADIL adopted the Euro as official currency starting from 1 January 2005, and new charts of accounts were prepared for this purpose. BADIL bank accounts at the Palestine Investment Bank were closed at the end of the fiscal year. In 2005, new BADIL bank accounts will be opened at the Arab Bank .

The BADIL staff provident fund (1999-2004) was dissolved and paid-out at the end of the year towards establishment of an improved provident fund scheme in 2005.

Based on the initial steps taken in 2004, BADIL is ready for implementation of further management and finance reform in the framework of its 2005-2007 Action Plan.

This includes improvement of accounting and budgeting procedures, management training and development of a sound human resource plan (assessment of human resource needs, job descriptions, salary scale, new provident fund scheme; recruitment). BADIL will continue to work with its 2004 consultant team for this purpose.

16

Part Two: ORGANIZATIONAL PROFILE 2004

1. Organizational Structure

1.1 Management 4

The BADIL General Assembly: In the period of 2002-2004, numerous efforts to convene the GA failed due to restriction of movement and lack of personal safety. The GA was finally able to convene in Bethlehem on 23-24 September 2004 for its third session (the previous session having taken place in 2001). BADIL’s current GA is composed of 46 members active in Palestinian refugee community organizations in the West Bank It approved BADIL’s 2005-2007 Plan of Action, elected new members to the BADIL Oversight Committee and Board, and approved BADIL’s new audit firm.

The BADIL Oversight Committee: The Committee is elected by the GA, in order to monitor and evaluate performance of the BADIL Board and Executive based on local law, BADIL by-laws and policies. The current OS was elected on 24 September 2004 for a period of two years.

The BADIL Board: The Board is elected by the General Assembly for a period of up to two years. The current Board was elected on 24 September 2004 by the third BADIL General Assembly. In the period of 2002 – 2004, Board affairs were handled by Steering Committee composed of Board and OS members from the southern West Bank areas. Regular Board meetings were resumed in October 2004 with three meetings held until the end of the year.

BADIL Executive Committee: The EC is composed of the director, unit coordinators and the admin-finance officer. The EC monitors program implementation and assists the Board in organizational and financial planning and management. The EC met regularly, including in periods of curfews and military invasions. In 2004, the EC held 10 regular meetings and three workshops with staff and/or external consultants in the context of preparations for the 2005-2007 Action Plan.

1.2 Units and Staff

Due to the ongoing shortage of core funding and qualified local human resources, BADIL operated with a minimum-size-staff team composed of seven employees. External consultants and assistants were contracted according to need, and numerous volunteers assisted in program planning and implementation.

4 For personal identification of members of BADIL management institutions, see the inside cover of this Annual Report. 19 Units and Staff

Director: Ingrid Jaradat Gassner , (1/2 time)

Admin-finance Officer: Najwa Darwish

Secretary: Hassan Faraj

Consultants : Wisam Kutom, lead consultant, admin-finance evaluation and reform Hatem Turabi , Firas Absa , assistant consultants.

Campaign Unit (Refugee Rights Campaign)

Muhammad Jaradat , coordinator

Contracted Personnel (12 months) Left Photo: BADIL General Daoud Badr (ADRID), coordinator, BADIL-ADRID awareness-raising Assembly elections 2004. Shaher Bedawi , field activity coordinator/northern West Bank © BADIL.

Field workers and volunteers : Naji Odeh /Deheisha camp (January-December); Hadiya Jarrad /Tulkarem (May-July); Eyad Atiyat /Bethlehem TV (April-May); Hatem Abu Alayana /Bethlehem TV (April); Linda Bannoura /Bethlehem TV (April); Nahed Abu T’eima /Bethlehem TV (April). BADIL Board/General Assembly, members of local community organizations.

Resource Unit (Research and Information)

Terry Rempel , coordinator Nihad Boqa'i, project officer/research Atallah Salem , project officer/technical support

Contracted Personnel : Renata Capella , external research consultant (Brief-10) Khalil Touma, Rana Mousa , Ma’moun Fares, Diab Zaed , translators Print designers ( Al-Ayyam and Andalus Publishers)

Volunteers/Interns Al-Majdal Editorial Advisory Board and others contributed articles to BADIL magazines.

Legal Unit

Ingrid Jaradat Gassner and Terry Rempel , part-time coordinators

Contracted Personnel : Ron Wilkinson, in-house media consultant (January – December 2004) Gail Boling , research consultant/Legal Paper-2 (carry-over from 2003) Elna Sondergard , external research consultant/Handbook (June 2003 – October 2004) Isabelle Humphries , assistant coordinator/Cairo Seminar (January-March 2004) Jeff Handmaker , research consultant/legal strategy (July – October 2004) Michael Kagan , research consultant/conflicting rights analysis (September – December 2004) Victor Kattan , research consultant/Boycott Mapping (December 2004 – January 2005) Zaha Hassan , legal consultant/Petition (December 2004 – April 2005) Translators (see above: Research Information)

Volunteers/Interns: Victor Kattan , research intern (UNDP/TOKTEN, May 2003 – February 2004) Frederick Rosen , research assistant (Ecumenical Accompaniment Program/EAPPI, February–July 2004); Anushka Meyers ,research assistant (February – August 2004); Susan Akram /Boston University School of Law, Birgitta Elfstrom /Swedish Migration Board, Ty S. Wahab Twibell /McCrummen Immigration Law Group (members of the editorial team, Protection Handbook); Amjad Mitri , legal intern/Reahamba (2004 UNHCR Excom) Numerous additional members of the BADIL Legal Support Network (LSN) .

Board Committee/Special Community Emergency Projects

In the first half of 2004, the Board Committee assisted with several external evaluations of the 2002-3 BADIL Emergency project (“Repair, Renewal and Extension of Building in West Bank Refugee Camps”, Oxfam Solidarity and Belgian government) and preparation of the 2004 BADIL proposal for a second follow-up emergency project submitted to Oxfam Solidarity and ECHO.

( For personal identification of members of this Board Committee, see the Institutional Structure before)

1.3 Major Partners and Networks

In the 1967 OPT

Union of Youth Activity Centers (UYAC); Popular Service Committees; Women’s Social Centers; the Federation of Local Societies for the Rehabilitation of the Disabled, and their respective local branches in West Bank refugee camps; Committee for the Defense of Palestinian Refugee Rights and the Yafa Cultural Center, Balata camp (Nablus); guidance committees established in the context of the second Intifada ; the local TV Network MA’AN ; al-Ayyam newspaper and local journalists. Regular information exchange is maintained with relevant official Palestinian institutions (PNC, PLC, PLO Negotiations Support Unit, PLO Refugee Department, the Palestinian Central Bureau of Statistics). More intensive cooperation with official Palestinian institutions is limited by movement restriction and the severe lack of resources/capacities in PLO institutions.

In 1948 Palestine/Israel

Association for the Defense of the Rights of the Internally Displaced (ADRID); Zochrot Association; Emil Touma Institute; Andalus Publishers; and, the Regional Council of Unrecognized Villages in the Naqab/Negev (RCUV).

Palestinian Exile

Palestinian initiatives and organizations, members of the global Palestine ROR Coalition (see below).

International

Major partners in research and/or advocacy are the Graduate Institute of Development Studies (IUED), Geneva; Nuffield College, Oxford University; Editorial Board, Forced Migration Review, Oxford University Refugee Studies’ Center; Norwegian Refugee Council/IDP Database Project; UNRWA; UNHCR; Oxfam Solidarity; the Flemish Palestine Solidarity Committee; ICCO (Netherlands); Norwegian People’s Aid; and, DanChurch Aid.

Many of the above partners, individuals and organizations, have joined in formal and informal networks providing regular support to BADIL program implementation.

BADIL Friends : BADIL Friends is an informal network of BADIL members (General Assembly, Board) and refugee community activists contributing to planning and implementation of the community-based Refugee Rights Campaign.

Palestine Right-of-Return Coalition : The Coalition is a global network of Palestinian community organizations and right-of-return initiatives in Palestine and in exile coordinated by regional offices (Arab host countries; Palestine; North America; Europe) and a secretariat hosted by BADIL. The Coalition meets annually and coordinates refugee rights advocacy world wide. Current Coalition members include: Aidun Group- Lebanon, Aidun Group-Syria, ADRID, BADIL, the Committee for the Defense of Palestinian Refugee Rights and Yafa Cultural Center (Nablus), the Coordination Forum of NGOs Working among the Palestinian Community in Lebanon, High Committee for the Defense of the Right of Return-Jordan, Al-Awda Palestine Right-to-Return Coalition, Palestine Right-of-Return Coalition-Europe, Al-Awda–North America, Popular Committees in the West Bank and Gaza Refugee Camps, Union of Youth Activity Centers-Palestine Refugee Camps, Union of Women’s Centers-West Bank Refugee Camps.

BADIL Legal Support Network (LSN): The LSN is composed of more than 70 international and local legal experts, academic researchers and 20 21 human/refugee rights activists. LSN is coordinated by BADIL and meets annually. Members provide professional advice and contribute to BADIL research, seminars and advocacy activities. 5

Al-Majdal Editorial Advisory Board: Researchers, journalists and refugee rights activists contribute to editorial planning and writing of BADIL’s English language quarterly. Composition of this Advisory Board is scheduled for revision and improvement.

1.4 Organizational Affiliations

The application for membership in the Palestinian NGO Network (PNGO), pending since 1999, has remained without formal response. Follow-up information to the 2001 application for "consultative status" with UN ECOSOC was provided in September 2003 and again in March and October 2004. BADIL was informed that a decision on the application will be taken in early 2005.

1.5 Gender Dimension

While women take a lead-role in the BADIL executive (director, admin-finance officer), efforts to increase involvement of (refugee) women in the BADIL Board and General Assembly have been only very partially successful. Eight of the 46 GA members are women, two of them are elected Board members.

Women, however, are involved in the BADIL program as activists and experts, often on a voluntary basis. Past efforts at involving more refugee women have shown that many are interested in BADIL project activities. However, they have less free to join workshops and planning sessions which continue to be dominated by male participants. BADIL will continue to make efforts for stronger women's involvement by: giving priority to women's community organizations where possible (e.g. training, support of community initiatives); regularly raising the importance of women's participation with community partners, and by recruiting additional women activists to the BADIL General Assembly.

2. Fundraising and Finances

2.1 Fundraising

US $470,061.64 was raised for implementation of the 2004 regular BADIL program. While still short of the projected 2004 budget (US $525,914), most BADIL projects could be implemented as planned. The strategic objective of achieving financial security and a stable environment for BADIL, however, still requires a higher level of long-term core-funding accompanied by a decrease of funding earmarked for specific projects. Negotiations with donors and partners for this purpose were begun in the spring of 2004 based on the draft BADIL Action Plan 2005–2007 and proceeded satisfactorily.

In addition, BADIL succeeded to raise US $117,638.18 to finance purchase, construction and equipment of its new office. Total financial obligations incurred in 2004 by the office move amount to US $207,441.98. Although US $62,401.88 still remain in liabilities for 2005-2007, the generous donations and grants provided by friends and partners in 2004 enabled BADIL to cover a major portion of the debt incurred in a shorter period than expected.

2.2 Financial Management and Reporting

Control of spending and financial management in 2004 were difficult because several grants were confirmed late and arrived to BADIL’s bank only in the third and fourth quarter of the year. Introduction of a computer-based financial planning and accounting system already facilitated financial management in 2004, more substantial improvements are planned for the next three-year period.

22 5 Names of LSN members are not listed here for reasons of confidentiality. In 2004, BADIL maintained both its regular institutional account and a separate and temporary account (New BADIL Office). The latter included income and obligations (bank loan and debts) deriving from purchase, construction and equipment of its new office space. By the end of 2004, the bank loan was fully paid, and both accounts were closed. BADIL was thus ready as planned to open in 2005 two new accounts (regular program, new office) at the Arab Bank. 6

The 2003 BADIL Annual Report (including 2003 external audit report) was completed in February and disseminated timely among core partners and donors.

3. Public Relations and Services

3.1 Participation in International Conferences (2004)

The ongoing closure of the Israeli airport for holders of Palestinian travel documents and Jordanian and Syrian entry restrictions continued to obstruct BADIL participation in events organized abroad. In addition to international expert seminars and annual meetings organized by BADIL in Cairo and Ghent, BADIL was able to participate in: 7

 2nd International Conference (Miftah-FFIPP): “An End to Occupation, A Just Peace in Israel-Palestine;” Jerusalem , 4-5 January 2004.  International Conference, “Right of Return and Just Peace ” (Emil Touma Institute, ADRID, Zochrot, Ittijah), Haifa , 26 – 28 March 2004.  “Transferring Best Practice: An international workshop on the comparative study of refugee return programmes with reference to the Palestinian context” (University of Exeter/Department of Politics), Exeter , 9-12 June 2004.  International Symposium, “A Just Solution for Palestinian Refugees?”: Organized by Aidun Group (Lebanon and Syria) in cooperation with the University of , Damascus , 5 – 7 September 2004.

3.2 Services Visitors and Delegations

Since the historic low caused by military closure and curfews in 2002, the number of visitors to the BADIL offices has increased steadily.

In the 2004, BADIL hosted more than 800 visitors, including representatives of foreign missions, researchers, journalists, international donors and partners, as well as fact finding and solidarity delegations. BADIL staff briefed visitors about political developments and rights-based work on the Palestinian refugee issue. BADIL members and community partners provided guided tours to refugee camps and arranged meetings with activists and organizations operating there.

6 For additional information about steps towards admin-finance reform, see Part One: Summary Assessment Report 2002–2004. 7 Additional details about these events are reported in Part Three: 2004 Activity Report, BADIL Projects. 23

Part Three: 20 04 Activity Report, BADIL Projects

1. Campaign for Palestinian Refugee Rights

Implementation: Modifications and Achievements

This project was implemented by the BADIL coordinator with the assistance of two part-time field coordinators and numerous field workers and volunteers, mainly from among the Palestinian refugee community in Palestine and the exile.

By 2004 restriction of movement, humanitarian crisis and political uncertainty had become part of what is considered ‘normal’ life in the 1967 OPT. Project implementation had been adapted accordingly and found no unexpected problems.

The tremendous success of the BADIL Arabic-language magazine Haq al-Awda , the 2004 Palestinian Nakba memorial, a Fact Finding Vist to Cyprus, and the 5th Annual Meeting of the Palestine Right-of-Return Coalition were highlights of the 2004 BADIL Campaign.

Impact of community-based awareness-raising and campaigning obtained a new quality in 2004 as activities began to be reported by Arab satellite TVs and Israeli cable TV and press. The special significance to the Palestinian people of the 1948 Nakba and refugees’ right of return was thus given recognition on a wider scale than in the past.

1.1 Local community awareness raising and empowerment

1.1.1 Community Workshops:

BADIL co-organized 24 workshops and debates and facilitated one public conference in Haifa. These events were attended by some 1,400 persons, mainly refugee community activists, politicians and academics. Participants included more than 150 Jewish Israelis interested in learning about rights-based solutions for Palestinian refugees. For the first time, a number of workshops could also be organized in the Gaza Strip.

Refugee Participation

Public Debate, Participation of the Palestinian Exile: Guest speaker Dr. Karma Nabulsi was invited to present ideas and perspectives of the Civitas Project (hosted Oxford University) to local Palestinian community activists prior to its official launching. The project aims to assess how Palestinian refugee communities living in exile can build civic structures for better communication with their political leadership and national representatives. Two community debates were organized by BADIL in the Dheisheh and Al-Amari camps, West Bank on 15 and 17 January for some 90 participants.

Dr. Nabulsi argued that external pressure to fragment the Palestinian people and make its leadership unrepresentative can be met by the people, if they pressure and encourage the PLO leadership to represent all Palestinians. This can best be done through civic structures created by the people themselves to link between Palestinians in the Occupied Territories and those outside. Dr. Nablusi’s proposal for an initiative guided by the authentic Palestinian need for unity and democratic representation was enthusiastically received by local community activists. Participants expressed their Left Photo: Annual meeting dissatisfaction with prevailing projects of ‘civil society and democracy building,’ which of the Palestine Right of tend to be donor-guided and ignore Palestinian refugee rights and needs, and expressed Return Coalition in 2004. © Tineke D'haese/Oxfam their eagerness to support this initiative when launched. Solidarite.

25 Refugee Return and Restitution under International Law

Nakba Memorial Workshops, April–June : Non-rights based initiatives (e.g. Geneva Initiative) vs. requirements for rights-based alternatives, as well as international law relevant to property restitution were key topics of workshops conducted by BADIL and refugee community organizations in the West Bank and Gaza Strip. The majority of these workshops were conducted in the framework of the 56 th memorial of the Palestinian Nakba . Study materials were provided by BADIL while community partners handled logistic affairs. Speakers were BADIL members, as well as invited guests from the PLO Refugee Department, PNC, PLC and political groups, academics and activists. fourteen workshops with some 900 participants were held in cooperation with 4 community partners in 13 locations, including – for the first time – also refugee camps in the Gaza Strip.

Community – Expert Dialogue and Consultations (September–December): A workshop about advocacy priorities of Palestinian refugee community organizations (15 participants) with Jeff Handmaker, legal consultant to international NGOs, was held at the UYAC Head Office, Kalandia camp on 23 October. Based on the decision by the Palestinian ROR Coalition ( see below), consultation with Palestinian academics and experts was launched about the Palestinian refugee question as presented in the Palestinian curriculum.

Al-Rowwad Children’s Theater, Introduction to the Palestinian Refugee Issue : Presentation to and discussion of history and rights of Palestinian refugees with members of the children’s theater group based in the Aida refugee camp, Bethlehem. Three workshops were held in order to build public relations and advocacy capacity of members of the theater group frequently performing abroad.

Evaluating and Planning a Community-based Advocacy Agenda

Consultation and Planning Workshop towards the 2005–2007 BADIL Plan of Action (Bethlehem, 22–24 September): In the framework of the third BADIL General Assembly, two days of working session were held at the new BADIL offices with some 30 refugee community activists from all major districts of the West Bank (Hebron, Bethlehem, Jerusalem, Ramallah, Nablus, Tulkarem, Jenin). One session was dedicated to problems encountered by local community organizations and NGOs, including BADIL, with administrative and financial management. The session was led by the external BADIL evaluator and consultant. Analysis and evaluation of the experience of BADIL served to clarify basic principles and procedures of administration of non-profit organizations in Palestine. A second session was dedicated to debate of principles and framework guiding the new BADIL Action Plan (2005–2007) as a way of building understanding and consensus among BADIL members and community partners prior to its formal approval.

A Rights-based Advocacy Agenda

Consultation Workshops : Between April and July, BADIL participated in a series of three consultation workshops organized by a group of Palestinian NGOs active in advocacy. These workshops examined Palestinian refugees right of return, a one-state vs. a two-state solution, and relations with the Israeli peace camp. Concepts and vision of Palestinian civil society organizations were clarified, in order to build a unified, clear and rights-based message for advocacy in the international arena. Workshops were hosted by the YMCA Beit Sahour, and participating NGOs alternated in taking responsibility for the preparation of topics, speakers and reporting. The fifteen local NGOs participating were: AIC, ARIJ, ATG, BADIL, DCI, Golan for Development, International Association of Palestinian Youth, Jadal Cultural Center, JCW, Rapprochement Center, Sanabel Center for Studies (Hebron), WIAM, YMCA and YWCA. 26 Starting from September, the majority of NGOs participating in these workshops First Right of Return decided to participate in the next World Social Forum to be held in Porto Alegre, Conference in Haifa. © Brazil, in January 2005. Thematic workshops were suspended for the sake of ADRID. practical preparations of a joint delegation of the “Occupied Palestine and Syrian Golan Heights Advocacy Initiative” (OPGAI).

Debate with the Jewish Israeli Public

Cooperation with rights-based Jewish Israeli initiatives was further developed : In 2004, BADIL contributed to a first public conference on the right of return in Haifa. Regular consultation and planning with the Zochrot Association, and the fourth BADIL Expert Seminar ( see below, Legal Project) provided an opportunity for more in-depth follow-up with Jewish Israeli activists.

First Right of Return Conference, Haifa (26–28 March): The conference was organized jointly by Ittijah, the Emil Touma Institute, the Association of the Defense of the Rights of the Internally Displaced in Israel (ADRID) and the Zochrot Association, in order to place Palestinian refugees and their right of return on the agenda of Israeli public debate. The conference was a success. It was attended by some 300 participants, about half of them Jewish Israelis, eager to challenge mainstream Israeli denial of Palestinian refugee rights. The closing statement affirmed the organizers’ commitment to sustained follow-up, including a second, similar conference to be held in 2005. Gail Boling presented legal analysis on behalf of BADIL, and copies of the BADIL Hebrew- language Information Packet “The Right of Return” were distributed at the Conference.

1.1.2 Media Projects and Campaign Tools

An audience of several hundred thousand was reached several times by BADIL media and advocacy activities, mainly in the West Bank but also in the Gaza Strip, 1948 Palestine/Israel and the wider Middle East.

BADIL - MA’AN TV-Campaign to Commemorate the 56 th Anniversary of the Palestinian Nakba (24 April – 20 May) 27 Early start of preparations for the third annual TV campaign permitted translation into Arabic of two video films (“State of Denial,” interview with Dr. Ilan Pappe, and “Forget Baghdad”) for the 2004 campaign. The TV Campaign continued for almost one month, with seven video spots and 23 documentary films broadcast repeatedly by 10 West Bank TV stations members of the MA’AN network. A public TV history quiz was broadcast as a pilot project in the Bethlehem district only. Winners were computer-selected from among 5,000 calls received mainly from Palestinian children and youth and issued small financial awards.

Haq al-Awda

www.badil.org/Arabic-Web/haq-alawda/haq-alawda.htm

BADIL Arabic-language bi-monthly magazine, issues no. 3 – 8 (Vol. II), 24 pages, circulation: 50,000

Editors : Muhammad Jaradat and Nihad Boqa’i, BADIL

Following two successful pilot issues published in 2003, BADIL took up regular, bi-monthly publication of its Arabic-language magazine. Issue no. 4-5 (May, 36 pages) was published as a special issue dedicated to the Palestinian Nakba . A large number of renowned Arab and international guest writers, including

It is no coincidence that , which authors from Palestine and exile, contributed to this issue. It was falls on May 15, was this year observed welcomed enthusiastically by its readers and succeeded to draw by the Palestinians in a far broader manner than in previous years. Thus, for the attention of Israeli journalists. example, the Palestinian newspaper Al- Ayyam ran a supplement entitled "Right of Haq al-Awda was distributed as supplement to the Palestinian Return," featuring articles by some of the dailies Al-Ayyam (1967 OPT) and Ittihad (1948 Palestine/Israel); finest Palestinian writers in the territories, Israel and the Palestinian diaspora. Some direct delivery upon order to Palestinian refugee community among them directed criticism at Arafat for organizations; and mailed to members of the Palestine Right-of- not scolding Nusseibeh and Abed Rabbo Return Coalition in Lebanon, Jordan, Syria, Europe and North for giving up the right of return. Others wrote about the current intifada as the America. continuation of the 1948 Nakba, in that Israel once more attacked the refugees. Poster (UN Resolution 194) and stickers for the 2004 Nakba They noted the destruction of the Jenin memorial (50,000 posters and 20,000 stickers). refugee camp (in Operation Defensive Shield in April 2002), and detailed the major damage caused to the Khan Yunis Hebrew-language Information Packet , “The Right of and Balata camps and the recent Return” demolition of dozens of homes in the Rafah refugee camps. www.badil.org/Publications/HebrewPacket/Hebrew.htm Danny Rubinstein, “’48 beats '67 in battle over right of return”, Ha’aretz , 6 June 2004 Based on the successful dissemination of the first edition by BADIL partners active among the Jewish Israeli society, a second re-print (1,000 copies) was released in March 2004 on the occasion of the first Right of Return Conference in Haifa.

2005 BADIL Calendar

The Arabic and English calendar features full color photos of Palestinian refugee children. 1,000 copies were printed and sold based on individual orders and mailed to subscribers to BADIL information.

1.1.3 BADIL-ADRID Awareness-Raising Among Internally Displaced Palestinians

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2004 was the second and final year of a joint BADIL-ADRID project aimed at raising awareness of internally displaced Palestinians, especially youth, about their places of origin, their history of displacement and rights in the context of durable solutions. This year’s activities involved some four thousand participants , most of them belonging to Educational visit to the the primary target group but also several hundred Jewish Israelis, including depopulated Palestinian village Israeli journalists. of al-Bassa in the Galilee. © ADRID. Annual Return March – Endor

Palestinians in Israel commemorate Nakba Day on the day coinciding with Israel’s independence according to the Hebrew calendar (27 April). In 2004, the sixth Annual Return March with some 3,000 participants led to the 1948 depopulated Palestinian village of Endor. ADRID produced a brochure about this village with a 3,000-year-old history. Jewish Israelis joined the march in larger numbers than in the previous year, and - for the first time - the event received coverage by Israeli cable- and Arab satellite TV stations.

Educational Visits to 1948 Depopulated Palestinian Villages

Fifteen guided visits were made to some 100 depopulated villages and towns in northern Israel and the pre-1948 districts of Jerusalem, Hebron and Gaza for 950 participants, including internally displaced families, secondary schools students, members of ADRID, Jewish Israeli activists and journalists, as well as two groups of foreign visitors participating in international conferences in the area.

Training of Guides to 1948 Depopulated Palestinian Villages

BADIL provided start-up support contributed start-up for professional training in guidance of tours to depopulated Palestinian communities. The training program was conceptualized by the Arab Human Rights Association (HRA) in and training began in December 2004.

1.1.4 Refugee Fact Finding Visit: Cyprus

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From 23-30 November BADIL organized the last of a series of three fact finding visits. Following visits to Bosnia-Herzegovina (2002) and South Africa (2003), the 2004 visit went to Cyprus. The BADIL delegation studied the human, political and legal dimensions of the protracted conflict in Cyprus, the provisions Tour of the 'Green Zone' on refugee return and housing and property restitution outlined in the UN Peace in the divided city of Plan, and the reasons for the rejection of this Plan by Greek Cypriots in the Nicosia. © BADIL. referendum held earlier this year.

The BADIL delegation composed of 12 community activists and researchers from Palestine, Lebanon, Syria, Jordan, Egypt, Denmark and Canada visited both Greek and Turkish occupied Cyprus and met with independent researchers and lawyers, UN staff, politicians, and civil society activists and refugee claimants, among them Titina Loizidou who won a precedent-setting case in the European Court of Human Rights. Field visits included a UN field trip along the buffer zone ('green line'), a trip to Kyrenia and Bellapais in the north, and a guided tour through southern Nicosia.

The program was organized by Index – Research and Dialogue, a Cypriot NGO who also hosted the BADIL delegation. Video footage for a future BADIL documentary was filmed by the TV and Radio Unit, Intercollege, Nicosia. An interview with a BADIL delegate was published by the Cyprus Mail, and articles written by delegates were published by the press in Jordan and Palestine.

30 Lessons Learned: Fact Finding Visit to Cyprus

Refugees and displaced persons themselves should be included in the process of crafting durable solutions. Civil society can play an important role in ensuring that an agreement is both acceptable to the larger public and durable over the long-term. While it may be politically expedient to compromise certain principles to reach a peace agreement, an agreement that is not consistent with international law may not be sustainable.

Implications for Palestinian refugees

Both in the case of Cyprus case and Palestine, the essential conflict is between two communities living in the sam e land. Displacement is one of the products of this conflict. The United Nations has reaffirmed the rights of refugees and displaced persons in both conflicts to return to their homes. In this context there is a similar debate about the role of communal an d individual rights in resolving the conflict. In both cases the proposals on the table represent the cumulative development of peacemaking efforts since the beginning of the respective conflicts. Cypriot, Palestinian and Israeli civil society has been sulted after the fact, but not as part of the process of getting to an agreement. International discourse on displacement in Cyprus and Palestine tends to revolve around imposed notions of absolute/attainable rights. And in both cases the solution proposed by international actors is one of conflict management rather than resolution of root causes.

But there are many differences. In the case of Cyprus Meeting with Greek -Cypriot and Turkish -Cypriot NGOs and activists in Nicosia, Cyprus. © BADIL. displaced persons are still living in their homeland while more than half of all Palestinians are displace d outside their homeland. Unlike Cypriots, most Palestinians are also stateless persons. While both cases involve settler populations, the issue of colonization and settlement is by far more prominent in the Palestinian case, and in the eyes of Palestinian s, the root cause of the conflict. In Cyprus there has been a relative calm for three decades, whereas displacement and violence in Palestine has continued since 1948. Unlike Cyprus, there is no political or military symmetry in the Palestinian -Israeli conflict. While international efforts in both conflicts have focused on a solution based on ethnic/religious separation, in Cyprus this separation occurs within the framework of a single federal state. Robust mechanisms and instruments at the regional level p lay an important role in Cyprus (e.g. EU, European Court of Human Rights, European Convention on Human Rights), but play almost no role in the Israeli -Palestinian conflict. Civil society is fairly undeveloped in Cyprus compared to civil society in Palestin e/Israel. In Cyprus there is almost total ethnic/religious separation, although the Palestinian case is increasingly moving in this direction.

Despite these differences, however, some questions raised by the Cyprus experience are of particular interest a lso for the Palestinian case: What is the role of civil society? Can international actors involved in the peacemaking process afford to rely merely on the political elite in understanding what is acceptable to the parties, in 'selling' a potential agreemen t to the general public and in ensuring that the agreement will be effectively implemented on the ground? In conflicts where effort and investment is required to support and enhance democratic structures and processes, does exclusion of the public from the peacemaking process retard rather than advance democracy? What is the role of principles in a peace agreement? Is there a real danger to the viability of a peace agreement when universal principles are sacrificed for political expediency? And what happens when people feel excluded from the political process and therefore turn to the courts for affirmation of important principles?

31 1.2 Community Capacity Building and Training

1.2.1 Community Network Building (1967 OPT)

In 2004, coordination among local refugee community organizations across West Bank districts and regions improved, but coordination with Gaza Strip initiatives remained difficult. While coordination has remained informal, information can be passed rapidly via the four major Palestinian refugee community organizations with countrywide infrastructure and dozens of local refugee community initiatives, groups and organizations. A West Bank-wide coordination meeting held in March served as the starting point for country-wide activation for the Nakba commemoration (April-June), and popular activity in defense of Palestinian refugee rights was sustained until the end of the year.

BADIL facilitated refugee community coordination by means of wireless communication sets stationed with core-partners, a field coordinator in the northern West Bank, and several field workers, support of the Yafa Cultural Center/Balata camp, BADIL’s core community partner in the northern West Bank, and of activities initiated by refugee community organizations ( see below). Links with the Palestinian exile were established (mainly via participation of local organizations in annual meetings of the Palestine Right-of-Return Coalition) and will be strengthened as soon as a local community organization will take on the role of Palestine representative in the 2004 annual Nakba Coalition’s Coordinating Committee. Most local community activists, however, still lack commemoration in Bethlehem . know-how and skills required for effective participation and intervention in © BADIL. international events organized to debate their issue.

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1.2.2 ADRID Capacity Building

BADIL had set a target of providing maximum capacity-building support to ADRID in the framework of the 2003-2004 joint awareness-raising project ( see above). This target was achieved partially. ADRID’s Nazareth office began operating in January 2004, and in December ADRID recruited a new and dynamic director. While additional steps remain to be taken, ADRID now appears better equipped for professional operation, including public relations and management tasks.

1.2.3 Community Training (1967 OPT)

BADIL provided material and financial support to seven training/lecture courses. Beneficiaries (approximately 130) were mainly Palestinian refugee children and youth.

Computer training for girls: Acourse in the Arroub camp, Hebron, July August, for 18 girls (implemented by the local Youth Activity Center).

Arts training for children: A program in the Aida camp, Bethlehem, July–August (implemented by the Laji Center).

Awareness-raising program for Palestinian refugee youth: Lectures and video presentations based on BADIL materials organized by the BADIL field coordinator in the northern West Bank. A series of four sessions for a total of 56 participants was held in December in the Balata camp (Yafa Cultural Center), al-Far’ah camp (Youth Activity Centers and Popular Committee), Qalqilya (Student Senate, Al-Quds Open University), and the Tulkarem camp (Youth Activity Center, Popular Committee and Women’s Activity Center).

Training and Rehearsal of Um al-Sharayet : A new theater performance of the Kawalis Center based in Shafa’amr, Galilee, under the guidance of Khalifa Natour.

1.2.4 Support of Community-Initiated Activities

In 2004, BADIL assisted 36 community organizations to implement some 72 awareness-raising, educational and cultural initiatives and emergency projects. Priorities were identified by local partners and BADIL provided in-kind assistance (information materials, speakers), logistical help and modest financial support. Together, these community initiatives benefited thousands of people, mainly Palestinian refugees. Among the direct beneficiaries were more than 5,000 girls, boys and young people. BADIL moreover provided logistic support to the Hoping Foundation, U.K. offering small grants to local community projects for refugee children and youth, and to a Palestinian family support scheme operated by the Welfare Association.

BADIL Support: Community Awareness-Raising, Education and Advocacy

2004 Nakba Commemoration : The 56 th Nakba memorial became the most visible event of this kind ever taking place in the 1967 OPT.Given the absence of substantive organizing by official Palestinian institutions, the success of this event can be attributed almost exclusively to refugee and non-refugee grassroots efforts.

The 2004 Nakba commemoration was launched in late April by the all-Palestine TV awareness-raising campaign of BADIL-MA’AN ( see above), followed by the Annual Return March to Endor organized by ADRID ( see above). Nakba commemorations peaked on 15 May with right of return rallies in all districts of the 1967 occupied West Bank and Gaza Strip. Popular activities commemorating the Nakba were held throughout May.

What has been happening over the last BADIL provided logistic, material and/or few years of bloody conflict is that the financial support for the following Nakba 33 defeat of 1967 is being forgotten, whereas memorial events: the memory of the 1948 disaster is Tulkarem District: Large public rally for the right of return in Baqa’ growing stronger. […] The demise of the peace process pushed aside the Naksa al-Sharqiya organized by the Popular Committee on 13 May. case and reopened the Nakba case. This can be viewed also against the backdrop Nablus District: Public rally and two photo exhibitions at Yafa of a weakening of the central concept in Cultural Center (May and December). the peace process - "two states for two peoples." […] It is no coincidence that Nakba day, which falls on May 15, was Bethlehem District: Popular march and rally organized on 15 May by this year observed by the Palestinians in a the National Committee for Al-Nakba Commemoration and the far broader manner than in previous years. Right of Return Committee, Bethlehem District and the […] A Palestinian journalist from East Palestinian Youth Forum. Jerusalem, who was asked last week what his paper is preparing for the anniversary of the Six-Day War, responded: "Almost Hebron District: Football competition for Hebron area (refugee and nothing. For us Palestinians, the war in non-refugee) teams; cultural festivals in the Arroub, Fawwar 1967 was to a large extent a war camps, Doura, Idna, and Hebron; children’s quiz about the Nakba belonging to Jordan, Egypt and Syria, not in ten locations, Hebron district refugee camps (organized in May our war. The Nakba and the intifada , on the other hand, are totally ours." by the Anqa Cultural Center in cooperation with local institutions and the Palestinian Ministry of Youth). Danny Rubinstein, “'48 beats '67 in battle over right of return”, Ha'aretz , 6 June 2004 Student participation in ENAD Theater performance : (Phoenic Hall, Deheishe Camp, April). Purchase of 500 tickets for excellent students selected by UNRWA schools in the three Bethlehem district camps.

Children’s Festival, Palestinian Children’s Day (May) : Festivals Children attending summer camp organized by the Charitable Welfare Care Society, Nablus, in all organized by the Local Committee for the Rehabilitation of the Disabled in camps in the district. Deheishe refugee camp. © BADIL.

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Folkore dancing group“ Ihya’ Baladna”, Bethlehem : Financial contribution (June).

Children’s Summer Camps : BADIL provided financial support to 18 summer camps for some 1,500 girls and boys in the camps of Balata (Yafa Cultural Center), New Askar (Community Development Center), Old Askar (Local Committee for Rehabilitation of the Disabled), al-‘Ain (Local Committee for Rehabilitation of the Disabled), al-Far’ah (Youth Activity Center), Jenin (Popular Committee), Tulkarem (Women’s Program Center, Society for disabled children), Nur Shams (Women’s Program Center), Kalandia (Youth Activity Center, Local Committee for Rehabilitation of the Disabled), Shu’fat (Youth Activity Center), Aida (Shahida Amal Center, Youth Activity Center, Laji Center), Deheishe (Deir Aban Society), al-Arroub (Youth Activity Center), and the village of al-Walaja (Ansar Center). BADIL also contributed to visa fees of West Bank refugee children invited to a summer camp in Spain (travel was canceled as visa were not issued in time).

Al-Dawayma Cultural Week : The week was organized by the al-Dawayma Society, Jelazoun camp, 28 October – 3 November in commemoration of the 1948 massacre in the village.

Conference in Defense of the Right of Return : The conference was organized by the National Committee for the Defense of the Right of Return, Ramallah District (October).

Travel expenses, Palestinian folklore performance in Egypt : By the Laji Center Folklore Group, Aida camp (November).

Palestinian History Team-Quizz Competitions : C onducted in the month of Ramadan in the camps of Ain Beit al-Ma’ (Local Committee for Rehabilitation of the Disabled), Balata (Yafa Cultural Center and Popular Committee), and Deheishe (Hiwar Center), and in December in the Askar and al-Farah camps (Youth Activity Centers).

Folklore and arts exhibitions, public debates : The debates were held in the Tulkarem Camp (Popular Service Committee), Nur Shams camp (Women’s Program Center), New Askar camp (Local Committee for Rehabilitation of the Disabled) (September – December).

Palestinian Nakba photo exhibitions : The exhibitions were coordinated by the BADIL field coordinator in the northern West Bank in cooperation with the Student Council al- Quds Open University in: Tulkarem, Qalqilya, Jenin, Nablus, Salfit, Tubas (December).

Jenin Festival “The Camp and the Refugee: The festival was organized in December by the Youth Activity Centers of Jenin and al-Far’ah camps.

Museum of the Nakba : The Museum is in construction by the Emil Touma Institute, Haifa (December).

BADIL Support: Community Emergency Projects

School equipment : Financial contribution to purchase of equipment (photo copy machines, printer) by the UNRWA Girls’ School, Aida Camp, and the UNRWA Boys’ School-Beit Jala.

Reconstruction of Rafah Camp : Financial contribution to popular support campaign organized in the Bethlehem district (March).

Kitchen installation : Phoenic Center, Deheishe camp (October).

Debt coverage (rent, communication) : Union of Youth Activity Centers, Kalandia Camp (June); Al-Awda Youth Center, Beit Sahour (December). 35

Fifth annual meeting of the 1.3 Regional / International Awareness-Raising and Advocacy Palestine Right of Return Coalition. © Tineke D'haese/Oxfam 1.3.1 Information Dissemination and Networking Solidarite. Partner dissemination : More than 5,000 copies of BADIL publications were shipped to members of the Palestine Right-of-Return Coalition and international partners (15 partner addresses) for use in refugee rights advocacy abroad.

Partner Consultation, Coordination : BADIL serving as secretariat of the Palestine Right-of-Return Coalition maintained regular communication with Coalition members, and coordinated participation of members in numerous academic conferences, workshops and awareness-raising/advocacy activities worldwide, mainly in the Arab World and Europe (France, Austria, U.K., Denmark, among others).

BADIL consulted and cooperated regularly with Civitas (Nuffield College, Oxford University), a project for building civic structures for political participation by the Palestinian exile. Major issues of concern were logistic support and coordination between BADIL, the Palestine ROR Coalition, and Civitas.

Consultation with international partners (Oxfam Solidarity, ICCO, NPA, Danchurch Aid, Broederlijk Deelen, EPER, among others) was conducted mainly in Palestine in the framework of partner visits to BADIL, but also during BADIL staff visits abroad. Consultation focused on ways to enhance the impact of joint advocacy efforts for Palestinian refugee rights and initiatives for Israel boycott-divestment-sanctions abroad. Improvement of coordination between local and international NGOs in the framework of humanitarian emergency projects was discussed in a regional meeting organized by Oxfam International in Palestine in June.

1.3.2 Fifth Annual Meeting, Palestine ROR Coalition, Ghent, 6–10 October

Based on the statutes adopted by the 5 th Annual Meeting, the Coalition is a global network of Palestinian community organizations and right-of-return initiatives in 36 Palestine and in exile coordinated by four regional representatives and a secretariat currently hosted by BADIL. Regional representatives are Palestinian refugee community organizations elected/appointed in four regions: Palestine, Arab Host States, Europe, and North America. The Coalition meets annually and coordinates refugee rights advocacy world wide. In 2004, the Coalition was composed of the following: Aidun Group-Lebanon, Aidun Group-Syria, ADRID, BADIL, the Committee for the Defense of Palestinian Refugee Rights and Yafa Cultural Center (Nablus), the Coordination Forum of NGOs Working among the Palestinian Community in Lebanon, High Committee for the Defense of the Right of Return-Jordan, Al-Awda Palestine Right-to- Return Coalition-North America, Palestine Right-of-Return Coalition-Europe, Popular Committees in the West Bank and Gaza Refugee Camps, Union of Youth Activity Centers-Palestine Refugee Camps, Union of Women’s Centers-West Bank Refugee Camps.

The 5 th annual meeting, initially scheduled to be held in Spain, had to be relocated to Ghent, Belgium where it was kindly hosted by Oxfam Solidarity on short notice. The meeting was attend by 20 delegates representing the member organizations and opened with an assessment of the political situation in Palestine, in particular in the Gaza Strip subject of Israeli military aggression, followed by an evaluation of activities accomplished and work in progress. Most of the 5 th annual meeting was dedicated to a review of the Coalition draft statutes and by-laws adopted by the 4 th annual meeting in 2003 and integration of new suggestions. Participants also discussed detailed reports about the situation of Palestinian refugees in Europe and Canada, an assessment by Aidun Lebanon and Syria of the outcome and impact of their international conference held in Damascus in early September, and a paper (“The Right of Return Discourse, between Reality and Aspiration”) presented by Aidun Lebanon.

One special session was dedicated to a first exchange of analysis and views with experts, members of the BADIL Legal Support Network, present at the same Ghent venue for their 3 rd annual meeting, on: the ICJ advisory opinion on the wall and its relevance for Palestinian refugees, strategies for developing Israel boycott-divestment-sanction campaigns, durable solutions and protection for Palestinian refugees, and the international conference in Damascus. A second special session served an in-depth discussion of the Civitas Project lead by Karma Nabulsi.

Decisions and Recommendations - Adoption of statutes and by-laws Palestine ROR Coalition; - Days for Joint Action: Nakba memorials (May), World Refugee Day (5 June), “International Day of the Camps and Palestinian Refugees” (11 December, UNGAR 194); - Joint Activities adopted: Youth Summer Camp “The Generation of al-Awda” (July 2005); production of a Coalition Post Card for use by all members (March 2005), production of a children’s book about the Palestinian Nakba and the refugee issue (2006); - Annual meetings of the Coalition and the BADIL Legal Support Network should be coordinated for regular in-depth exchange also in the future.

See also: A special web-page of the Palestine Right-of-Return Coalition, including: - Final Statement, 5 th Annual Meeting; - Report, Summary of Proceedings of the 4 th and 5 th Annual Meetings (London, November 2003 and Ghent, October 2004): in preparation.

1.3.3 Regional/International Awareness-Raising and Advocacy

BADIL participated in/facilitated the following joint public statements and petitions:

Open Letter to the Summit of the Arab League(May) : Coordinated by the Palestine ROR Coalition and endorsed by numerous Palestinian and other Arab community organizations and NGOs. The letter calls on Arab states to reject the US ‘Greater 37 Middle East Plan,’ by means of an indigenous agenda for democracy and human rights, including the basic rights of Palestinian refugees, which is rooted in and carried forward by Arab civil society.

BADIL facilitated Coordination/dissemination of Coalition and local community statements/petitions: This included statements of protest against the ‘Geneva Initiative’ and President Bush’s letter of assurances to Israel’s prime minister Ariel Sharon, all of which violate basic refugee rights under international law. In addition, BADIL disseminated and publicized community statements issued in the framework of the 2004 Nakba commemoration. BADIL received and archived copies of dozens of such statements/petitions endorsed by thousands of individuals and organizations.

2. Research and Information

Implementation: Adaptations and Achievements

General information tools as well as research and advocacy tools specifically required for the BADIL Refugee Rights Campaign and BADIL Legal Advocacy were produced and disseminated by a small staff team assisted by volunteers and external research consultants and translators contracted for this purpose. BADIL information and analysis related to current events (press releases, Bulletins) were mainly provided in English language, most other materials were produced in Arabic and English, in addition to one publication in Hebrew.

BADIL’s ability to produce high-quality research and information continued to open up new opportunities for networking and advocacy with and among the professional community previously un-exposed to the Palestinian refugee issue. Despite efforts to find a better match between targets and available human resources, BADIL’s 2004 work plan proved still too ambitious. The result was a painful delay of some publications, in particular the 2003 BADIL Survey.

Significant progress was, however, achieved in outreach of BADIL information to both local and international target groups.

2.1. Research and Information

2.1.1 Production

Al-Majdal (ISSN 1726-7277)

www.badil.org/al-Majdal/al-Majdal.htm

BADIL English-language quarterly published since March 1999, 50 pages, circulation: 1,200.

Editorial Team : Terry Rempel (editor), Nihad Boqa’i, Muhammad Jaradat, Ingrid Jaradat Gassner assisted by an Advisory Board.

Issues no. 21 - 24 (Volume VI) were printed and three issues distributed. Staff time needed for production was decreased as more external authors were recruited and design was transferred to Al-Ayyam Publishers.

Information and Discussion Briefs

www.badil.org/Publications/Briefs/I&D_Briefs.htm

BADIL Briefs is a series launched in 2000 to enhance public debate about ways to promote Palestinian refugee rights. Briefs are written by BADIL research and legal staff, interns and expert partners and are designed in language and scope (24 pages) as 38 easy-to-read booklets for activists. A series of three Briefs is dedicated to analysis of the rights, under international law, of especially vulnerable sectors of Palestinian refugees, i.e. internally displaced Palestinians (Brief no. 9/2003), refugee children (Brief no. 10/2004) and refugee women (Brief no.11).

Palestinian Refugee Children, International Protection and Durable Solutions (Renata Capella, BADIL research consultant) was completed in 2004 in form of a larger research paper (50 pages). Both the larger paper and a shortened Brief are scheduled for release in 2005 . Palestinian Refugee Women, International Protection and Durable Solutions (working title): basic research was completed but no financial resources were available for finalization and print publication.

BADIL Bulletins www.badil.org/Publications/Bulletins/Bulletins.htm

Bulletins in four-page print format were launched in 2000 as a means to provide BADIL commentary and analysis related to current events and debate, in particular on issues related to Palestinian refugees. 2004 Bulletins were produced by the BADIL media consultant.

Bulletin16 : “From Balfour to Bush” (April) Bulletins 17-19: “Al-Nakba, The Continuing Catastrophe” (May-June) Part-I: Prelude to the 1948 Nakba Part-II: 1948 to 1967 Naksa and occupation of West Bank and Gaza Part-III: Palestinian life under occupation and in exile 1967-2004 Bulletin 20 : “International Court Rules against Israel’s Wall” (July) Bulletin 21 : “Palestinians have been Demanding Democracy for 80 Years” (November) Bulletin 22 : “Resolution 181: A State for Some, Occupation for Others” Bulletin 23 : “Rights of Return and Self-Determination Asserted in All International Law (December) Bulletin 24 : “Take the Microscope to Both Sides (Balanced Reporting)” (December)

2003 Survey of Palestinian Refugees and Internally Displaced Persons (ISSN 1728- 1679)

Editors : Terry Rempel and Nihad Boqa’i English and Arabic, approximately 200 pages.

Annual BADIL Surveys aim to provide comprehensive and updated information about Palestinian refugees for academic researchers, human rights activists, journalists and policy makers.

The 2003 Survey was improved based on feedback received to the first annual Survey covering the year 2002. The 2003 Survey includes six chapters (historical background, population, living conditions, assistance, protection, durable solutions), and chapter format was revised to reflect recent developments in research and a clearer legal framework with regard to national assistance and protection. Data and information were again gathered from all available secondary sources. Release initially scheduled for mid- 2004 was delayed and production was completed in December. Numerous ideas for further improvement (e.g. index, transition to first-hand data gathering in the field via regional partners) could not be realized in the context of the 2003 volume and remain to 39 be tackled in the future. Lubya – a Palestinian Village in the Middle East (Oral History Study)

by Dr. Mahmoud Issa with preface by Dr. Ilan Pappe Editor : Terry Rempel, BADIL Publisher: English, Arabic and Hebrew edition: BADIL Production : Andalus Publishers Publisher : Danish edition: Tiderne Skifter, Copenhagen

Life in the Palestinian village of Lubya ( district), resistance against dispossession by Zionist and British Mandate policies, forced eviction in the Nakba of 1948, flight and lives of Lubyans in exile are described based on archived documentation and hundreds of interviews conducted by the author in the Middle East and Europe. The approximately 250-page study presents the story of Lubya as told by its inhabitants based on their memories tainted by the experience of exile. It aims to serve as a tool for raising awareness of the 1948 Palestinian Nakba , exile, hopes and rights of Palestinian refugees among a variety of publics. The book will also accompany an ethnographic exhibition of pre-1948 Palestinian village life to open in Denmark in 2006. In 2004, the English language manuscript was completed and handed over for production to Andalus Publishers.

Advocacy Tools, Refugee Rights Campaign

Information and Campaign Packet: A packet including basic information and advocacy tools for visitors, delegations and partners in BADIL refugee-rights advocacy efforts. For information about additional advocacy tools ( Haq al-Awda magazine, Hebrew-language information packet, reports of annual meetings/Palestine Right-of-Return Coalition, and the 2005 BADIL calendar) see above: Activity Report, 2004 BADIL Refugee Rights Campaign.

Research Tools, Legal Advocacy 8

Working Papers, BADIL 2003–2004 Expert Forum

www.badil.org/Publications/Legal_Papers/L_Papers.htm

Electronic publication (28 papers); editing and print publication (7 papers).

Additional Projects in Progress

Mapping Project: Palestinian Displacement

Maps and supplementary commentary illustrating stages of Zionist colonization and Palestinian displacement pre-1948 until present, current location of Palestinian refugees, current Israeli land use, and population density in Palestinian communities depopulated and dispossessed in 1948. These maps, under preparation since 2002, will be published as part of BADIL information and advocacy tools in 2005.

Handbook on Durable Solutions for Palestinian Refugees

Comparative research of refugee return and housing and property restitution in peace processes worldwide and materials gathered in this context have served as a database for

8 40 For additional information see Activity Report, BADIL Legal Project BADIL publications since 2000. Draft research reports were revised several times as BADIL received valuable input from expert partners. In 2004, BADIL decided to publish the findings of this comparative research in form of a Handbook on durable solutions to accompany its 2004 Handbook on Palestinian Refugee Protection ( see below, Activity Report/Legal Project). Additional research is required for this purpose, and publication is scheduled for 2007.

BADIL Annual Report www.badil.org/BADIL/Annual-Reports/2003/Report2003.pdf

Print publication of the combined English-Arabic 2003 BADIL Annual report was delayed due to unexpected problems with translation and print design.

2.1.2 Dissemination, Outreach

Sustained efforts at improving presentation and promotion of BADIL information resulted in wider local and regional outreach via Palestinian/Arab media ( see above, Activity Report/Refugee Rights Campaign) and in better quality and wider outreach of information targeting the international public. BADIL English language information (press releases, bulletins, articles, editorials) were frequently reproduced/reported not only by local and international NGO partners, but also on the websites of al- Jazeerah, the UN ReliefWeb, Electronic Intifada, Arab Media Watch, UPI, and printed by the Daily Star (Beirut), the Guardian (London) and the Palestine Chronicle. A “Google search” of “BADIL refugees” in December 2004 showed over 15,000 references to BADIL (English) and over 4,000 to BADIL (Arabic).

BADIL Website www.badil.org

The re-designed, more comprehensive and user-friendly BADIL website was launched in October. In 2004 the site was visited by 21,406 new visitors (as compared to 16,000/2002 and 20,409/2003). The total number of visitors to the BADIL site since November 1999 is 88,655. This number does not include repeat visits.

Press Releases www.badil.org/Publications/Press/pressmainindex.htm

In 2004 BADIL issued 42 press releases in English. A smaller number (17) press released were released in Arabic, mainly because much information was covered by the local and regional Arab press and Arab satellite TVs, and because BADIL lacks Arabic- language media staff able to produce ongoing information specifically relevant for the Arabic-reading public. Press releases were disseminated via externally operated listserves (badil-english : 1,271 subscribers; badil-arabic : 242 subscribers). Additional targeted dissemination among specific categories of readers was started but will be improved in the framework of BADIL technology upgrading in 2005.

Print Dissemination and Marketing

English-language publications, in particular al-Majdal magazine, were sold/disseminated to local and international readers via: a special mailing list (some 600 subscribers); during public events; and, in response to individual orders received. Arabic-language publications were shipped to partners/Palestinian Right-of-Return Coalition for dissemination in their respective regions. Most of the dissemination, however, was conducted directly in the framework of the BADIL Refugee Campaign ( see above).

Additional steps planned for promotion and better marketing of BADIL publications include installment of an internet-purchase program (PayPal) on the BADIL website and better use of distribution services offered by the local Palestinian press. PayPal

41 installation could not proceed in 2004 due to unresolved problems with internet banking. Library and archives at the 2.2. Documentation new BADIL office. © BADIL. BADIL Library and Archives

BADIL’s research library is currently composed of more than three hundred books, journals, historical documents and maps on the Palestinian refugee question (approximately two thirds of the available resources) and related legal and political theory (approximately one third) published world-wide in English or Arabic. 113 of these resources were purchased in 2004. Cost of acquisitions remained low as many resources were purchased second hand.

Additional library space became available after the BADIL office move in June, and the library was set up in a temporary and low-cost format. Professional set-up and management of the BADIL library will require additional funding and assistance by a librarian.

2.3 Networking and Advocacy in the Expert Community

In 2004, staff of BADIL Research and Information continued to provide crucial support to the BADIL Expert Forum ( see Legal Project, below) and presented BADIL research to numerous visitors (UN staff, international NGOs, academic researchers and experts, policy makers). Dozens of sometimes labor intensive requests for information and research assistance by international students, scholars and journalists were handled via the internet.

Regular ties and consultation was maintained with regional and international experts and academic initiatives: These included the Global IDP Database Project (Norwegian Refugee Council, among others), the Institute of Graduate Development Studies/IUED (Geneva), the editorial board of the Forced Migration Review (Oxford

42 University Refugee Studies Center); the steering committee of the 2004 international workshop on comparative study of refugee return (University of Exeter); and, the organizing committee for a 2005 international law conference on a rights-based approach to the Israel-Palestine conflict (University of Western Ontario, Canada).

BADIL participated in, and presented research to academic workshops and conferences:

2nd International Academic Conference, Miftah-FFIPP: “An End to Occupation, A Just Peace in Israel-Palestine”, Jerusalem, 4-5 January 2004; BADIL paper: A View from the So-Called ‘Rejectionists, Extremists and those Fundamentally Opposed to Peace with Israel’ by Ingrid Jaradat Gassner and Terry Rempel.

“Transferring Best Practice”: An international workshop on the comparative study of refugee return programmes with reference to the Palestinian context, University of Exeter/Department of Politics, 9-12 June 2004. BADIL discussant and member of steering committee: Terry Rempel.

(See also below: 2004 Activity Report, BADIL Legal Project)

3. Legal Project for Palestinian Refugee Rights

Implementation: Adaptations and Achievements

Based on a 2003 decision applicable until implementation of institutional reforms in the framework of the new (2005–2007) Action Plan, overall project coordination remained with the BADIL director and coordinator, BADIL Research and Information. Project activities were implemented in a decentralized fashion with the help of both temporary resident consultants and expert partners abroad, in particular members of the BADIL Legal Support Network.

Successful completion of the 2003–2004 BADIL Expert Forum with two additional seminars held in Cairo and Haifa, and completion of the manuscript of the BADIL Handbook on Protection of Palestinian Refugees represented the highlights of the BADIL Legal Project in 2004.

3.1 Development of Legal Research and Analysis

3.1.1 Legal Research and Working Papers

Legal Papers, Working Papers www.badil.org/Publications/Legal_Papers/L_Papers.htm

Legal Papers are written by BADIL legal staff or expert partners to promote Palestinian refugee rights among the expert community, policy makers and international organizations. They include detailed legal analysis of core issues of the Palestinian refugee question with extensive references (scope: 50-80 pages). Working Papers are similar but smaller in scope. Papers are published on the BADIL website, papers of strategic value to the BADIL program are also published in print format. Special emphasis is given to publication of expert papers in Arabic due to the scarcity of up-to- date Arabic-language legal resources on key aspects of the refugee issue.

43

Working Papers

Legal Paper 2: Palestinian Refugees’ Right to Restitution under International Law (working title) author: Gail Boling, senior research associate, Law Department; scheduled for print publication in the second half of 2004, but delayed due to the author’s relocation to New York.

Working Papers, BADIL Expert Forum 2003-2004 28 papers presented to four seminars/BADIL Expert were published on the BADIL website. 7 of these papers (in addition to four papers published in 2003) were published also in print format:

WP-2: " Justice Against Perpetrators, the Role of Prosecution in Peacemaking and Reconciliation ", Sandra Vicente, Assistant Legal Officer, International Tribunal for the Former Yugoslavia (24 pages, Arabic); WP-3: " The Role of International Law and Human Rights in Peacemaking and Crafting Durable Solutions for Refugees: Comparative Comment ", Lynn Welchman Director, Center of Islamic and Middle Eastern Law, SOAS (20 pages, Arabic); WP-5: " Temporary Protection for Palestinian Refugees: A Proposal ”, Susan Akram, Boston University School of Law, and Terry Rempel, BADIL Research and Information (44 pages, English and Arabic); WP-6: “ Land Restitution in South Africa, Overview and Lessons Learned ”, Jean du Plessis, Deputy Director, Center on Housing Rights and Evictions (16 pages, English and Arabic); WP-7: “ Israel’s Land Laws as a Legal-Political Tool ”, Usama Halabi, advocate, LL.M (12 pages, English and Arabic); WP-8: “ Arab Protection for the Palestinian Refugees ”, Khaled Al-Az’ar; (30 pages, English and Arabic); WP-9: “ UNRWA’s Role in Protecting Palestinian Refugees ,” Harish Parvathaneni, Chief, Policy Analysis Unit, UNRWA; (24 pages, English and Arabic).

Electronic copies only

www.badil.org/Campaign/Expert_Forum/expert-forum.htm

"Revisiting Israeli-Palestinian Peace Negotiations on the Palestinian Refugee Problem 1991–2000 ”, As'ad Abdelrahman, Former Head, PLO Refugee Dept. (Seminar 1 Ghent); "Negotiating the Non-negotiable: The Right of Return and the Evolving Role of Legal Standards ”, Glen Rangwala, lecturer (Politics), Cambridge University (Seminar 1 Ghent); "Case Study, Afghanistan: Land Problems in the Context of Sustainable Repatriation in the Eastern Region ”, Reem Alsalem, protection officer, UNHCR-Jalalabad, Afghanistan (Seminars 1 and 2); "UN General Assembly Resolution 194(III) and the Framework for Durable Solutions for 1948 Palestinian Refugees ", Terry Rempel, BADIL (Seminar 1, Ghent); “Palestinian Refugees, Property and Housing Losses--An Overview ”, Terry Rempel, BADIL (Seminar 2 Geneva); “The Usefulness of the UNCCP Archives for Palestinian Refugee Compensation/Restitution Claims ”, Prof. Michael Fischbach, Randolph-Macon College, USA (Seminar 2, Geneva); ”The Right of Return – The Ever-present Fear; the Model and Land in Israel ,” Hussein Abu Hussein, advocate, Arab Association for Human Rights, Nazareth (Seminar 2, Geneva; summary in al-Majdal magazine No. 19 (September 2003); “The UN Peace Plan for Cyprus: Property, Displacement and Proposed Solutions ,“ Madeline Garlick, Civil Affairs Political Officer, UN Cyprus; (Seminar 3, Geneva); “The Habitat International Coalition’s Dual Strategy for Defending Palestine’s Refugees, Displaced and Dispossessed ”, Joseph Schechla, coordinator, Habitat International Coalition, Housing and Land Rights Network (Seminar 2, Geneva). “International Protection of Palestinian Refugees and the Relevant Rules of International Law ” (Outline), Lex Takkenberg (Seminar 3, Cairo); “Case Study: Unprotected Palestinian Refugees in Egypt ,” Oroub El Abed (Seminar 3, Cairo); “Palestinian Civil Society Perspectives towards Improving Protection for Palestinian Refugees (Report from a 2003 Beirut Workshop)”, Jaber Suleiman (Seminar 3, Cairo); “Current Protection Situation of Palestinian Refugees in Iraq and in the Ruweished Camp ,” Gabriela Wengert, Legal Unit, CASWANAME, UNHCR HQ; (Seminar 3, Cairo); “Public Participation in Peace Processes: Comparative Experience and Relevant Principles ,” Celia McKeon, Conciliation Resources (Seminar 4, Haifa); “Foundations for Participation: Civic Structures for the Palestinian Refugee Camps and Exile Communities ,” Karma Nabulsi, Nuffield College, Oxford (Seminar 4, Haifa); “A Rights-based Approach to Durable Solutions for Palestinian Refugees and Displaced: Summary of Preliminary Findings ”, BADIL Expert Forum,” Ingrid Jaradat Gassner and Terry Rempel, BADIL (Seminar 4, Haifa); “Transitional Justice Models and their Applicability to the Zionist-Palestinian Conflict and the Palestinian Refugee Issue ,” Jessica Nevo, Bat Shalom (Seminar 4, Haifa).

Closing Protection Gaps, HANDBOOK on Protection of Palestinian Refugees in States Signatories to the 1951 Refugee Convention

Manuscript by Elna Sondergaard, BADIL legal consultant with preface by Prof. Guy Goodwin-Gill, University of Oxford; 256 pages without annexes.

Editorial Team : Susan Akram/Boston University School of Law, Birgitta Elfstrom/Swedish Migration Board, Ty S. Wahab Twibell/McCrummen Immigration 44 Law Group., Ingrid Jaradat Gassner and Terry Rempel, BADIL. The Handbook is a practical guide for refugee experts, lawyers, judges, UNHCR staff and national authorities. It provides an overview of the case of Palestinian refugees under international law and promotes interpretations of the 1951 Refugee Convention as advanced by UNHCR and Prof. Susan Akram, Boston University School of Law. The Handbook aims to provide guidance towards better protection for Palestinian refugees in non-Arab host countries while preserving their right of return, restitution and compensation in the framework of durable solutions. The Handbook includes a survey of current law, practice and gaps regarding Palestinian refugee protection in 25 countries of Europe, North America, Australia-New Zealand, Central and South America and Asia based on research conducted in 2003-2004.

UNRWA and UNHCR as well as numerous practitioners of refugee law contributed to this research. Initial findings were presented to the 3 rd BADIL Expert Forum (Cairo, March 2004). A draft manuscript was reviewed by the editorial team in Geneva in October and completed in December 2004. Final editing will be completed in 2005. BADIL seeks publication via a publisher that can guarantee dissemination among refugee practitioners worldwide.

Additional Legal Research in Progress

“Do Israeli Rights Conflict with the Palestinian Right of Return? ”by Michael Kagan, BADIL legal consultant (working paper, Expert Forum-4, Haifa, 2004).

Comparative Analysis of Citizenship Law in Arab Host States : draft completed by Victor Kattan (2003 BADIL intern/TOKTEN consultant).

Identifying Protection Gaps in Arab Host States : initial research by Frederick Rosen (2004 BADIL intern/EAPPI) and Anushka Meyers (volunteer research consultant).

Mapping Current Israeli Boycott-Divestment-Sanction Initiative : advocacy support research (Victor Kattan) launched in November 2004 based on recommendation by the BADIL- LSN annual meeting.

3.1.2 Legal Resource and Library Development

Additional 113 (second hand) publications, including legal resources, were purchased at low cost for the BADIL research library ( see above: Activity Report/BADIL Research and Information).

3.2 Networking, Dialogue and Cooperation with the Expert Community

3.2.1 Legal Support Network (LSN)

BADIL-LSN is a voluntary network of international and local legal experts, academic researchers and human/refugee rights activists coordinated by BADIL. BADIL-LSN meets annually. Members assist BADIL with promotion of a rights- based approach to the Palestinian refugee issue by means of professional advice and contribute to BADIL research, seminars and advocacy activities. In 2004, the overwhelming majority re-affirmed their commitment to active involvement in BADIL-LSN, several new experts joined the network which had 70 members the end of the year. The third BADIL-LSN annual meeting was held in Ghent, Belgium (7-10 October 2004) with the participation of 10 members. The agenda included review and planning of ongoing BADIL legal projects (Protection Handbook, Restitution Advocacy Project, Working Papers) and a session exploring the relevance of the June 2004 ICJ decision on Israel’s Separation Wall for Palestinian refugees. A joint strategy session with the Dr. Karma Nabulsi addressing the 45 BADIL-LSN meeting in 2004. © Tineke D'haese/Oxfam Solidarite. Palestine Right-of-Return Coalition focused on Israel boycott-divestment- sanction campaigns and guidelines for public awareness-raising about Palestinian refugees. The annual meeting concluded with a set of recommendations, all of which were adopted by BADIL for implementation in the framework of its 2005 work plan.

Dialogue with Palestinian experts and policy makers was maintained mainly via consultation with the legal advisor/refugee file of the Negotiations Support Unit (PLO- NAD).

3.2.2 International Public Relations and Media Networking

BADIL regularly monitored positions and initiatives of international organizations, policy makers and media. BADIL’s PR and media consultant provided rights-based information and analysis to selected target groups. Due to importance of the role of the PR and Media consultant for improving outreach and impact of BADIL information, BADIL decided to transform this position into a regular BADIL staff position starting from 2005. (For more detail on BADIL outreach activities, see above: Activity Report/BADIL Research and Information.)

3.3 Expert Dialogue and Cooperation with the Palestinian Refugee Community

BADIL’s Legal Project is guided by the rights, needs and priorities of the Palestinian refugee community. BADIL therefore encourages dialogue and cooperation between its expert partners (BADIL-LSN) and Palestinian refugee community activists.

Simultaneous annual meetings of BADIL-LSN and the Palestine ROR Coalition: The meeting was held in Ghent in 2004 provided an opportunity for a first meeting of members of the BADIL expert network with activist members of the Coalition. A joint session was evaluated as mutually beneficial by all, and BADIL was asked to organize future annual meetings in this format. 46 BADIL-LSN members visited Palestine in order to learn about views and priorities of Palestinian refugee and human rights organizations. A Fact Finding Visit about Priorities of Refugees and Human Rights Organizations in Palestine (Jeff Handmaker/ReaHamba, hosted by BADIL, 21–28 October 2004) included meetings with community organizations, NGOs and lawyers. It resulted in a report with recommendations to European solidarity partners regarding Palestinian civil society priorities for awareness-raising and advocacy, in particular priorities of Palestinian refugees.

BADIL expert partners of BADIL-LSN served as speakers in conferences organized in Palestine and the region ( see also above, Refugee Rights Campaign):

International Conference, “Right of Return and Just Peace ” (Emil Touma Institute, ADRID, Zochrot, Ittijah), Haifa, 26 – 28 March 2004: Gail Boling presented on behalf of BADIL an analysis of common legal arguments made against Palestinian refugees’ right of return as well as relevant counter arguments (‘ Facing Challenges to the Right of Return of the 1948 Refugees under International Law’).

International Symposium, “A Just Solution for Palestinian Refugees?”: The sypmosium was organized by Aidun Group (Lebanon and Syria) in cooperation with the University of Damascus, 5–7 September 2004: a first and ground-breaking international conference held in Damascus with a dozen of Arab and international expert speakers and some 100 participants including Syrian civil society organizations, academics and officials. Numerous BADIL-LSN members and BADIL staff contributed papers and serves as speakers.

3.4 Legal Advocacy and Lobbying

3.4.1 Advocacy at UN Fora

UN Committee for the Elimination of Racial Discrimination (CERD): Israel’s report to the Committee was due in 2004 but no session with Israel was held this year.

2005 UNHCR Executive Committee Meeting (28 September – 6 October): A BADIL team participated in three days of NGO Consultations preceding official meetings. As this represented the first time ever for a Palestinian NGO to participate in this forum, BADIL used the opportunity to network with delegates of the some 200 NGOs present and consult about ways to effectively raise the issue of Palestinian refugee protection in the next (2005) NGO Consultations. A joint NGO statement, including a call for remedy of protection gaps currently affecting Palestinian refugees and concerted efforts for rights-based durable solutions, was presented to the official UNHCR Excom meeting.

Restitution Advocacy Project: This project, carefully designed and implemented as a series of building blocks since 2002, aims to strengthen the Palestinian right to housing and property restitution by means of declaratory rulings by legal fora (UN and other). A legal strategy paper for this project was prepared and a detailed plan of action finalized at the 2004 BADIL-LSN annual meeting. The core-project team is composed of five BADIL–LSN experts and BADIL staff. The first step is composed of a 2005 submission regarding Israeli land confiscation to the UN in cooperation with the Geneva-based Center on Housing Rights and Evictions (COHRE).

3.4.2 Advocacy vis-à-vis the Council of Europe (CoE)

In 2003, the Council’s Committee on Migration, Refugees and Demography adopted Recommendation 1612 and Resolution 1338, both directly related to earlier BADIL

47 lobbying efforts. The Recommendation called, among others, upon member states to implement the 2002 UNHCR Note on the Applicability of the 1951 Convention Relating to the Status of Palestinian Refugees and to harmonize their policies regarding protection of Palestinian refugees. The Resolution, on the other hand, re-affirmed the Council’s traditional stand that resettlement in current host countries and third countries is the only practical durable solution for Palestinian refugees. BADIL efforts at encouraging the CoE to follow-up on its recommendations and enter into debate about rights-based durable solutions for Palestinian refugees did not lead to concrete results in 2004, but will be sustained also in the future.

3.4.3 BADIL 2003–2004 Expert Forum for the Promotion of a Rights- Based Approach to the Palestinian Refugee Question

The Expert Forum initiative was launched in 2003 to widen the circle of international experts interested in and supportive of a rights-based approach to the Palestinian refugee issue and to enhance outreach of rights-based research and recommendations among policy makers and civil society organizations. Expert seminars were held as two or three-day closed workshops with public evening sessions.

Four expert seminars were held as planned in 2003 (Ghent and Geneva) and 2004 (Cairo and Haifa) with the participation of some 130 speakers/discussants. Seminars focused on four themes: the role of international law in peace making, housing and property restitution for refugees, Palestinian refugee protection, and ways forward in the search for durable solutions for Palestinian refugees. Summaries of the proceedings and the complete series of 28 working papers were published on the BADIL website: www.badil.org/Campaign/Expert_Forum/expert-forum.htm (see above).

BADIL benefited strongly from this initiative in terms of contacts with the expert community and substantive lessons learned for future BADIL research and advocacy. BADIL also received much recognition from the participants whose feedback was unanimously positive. The 2003-2004 Expert Forum thus being completed, BADIL will follow-up on the results and recommendations by means of a summary report for partners and target groups to be prepared in 2005.

The 2003-2004 Expert Forum was sponsored/hosted by the Al-Ahram Center for Strategic and Political Studies; APRODEV NGO Network; Association for the Defense of the Rights of the Internally Displaced (ADRID); Emil Touma Institute for Palestinian and Israeli Studies; Flemish Palestine Solidarity Committee; Ghent University, Department of Third World Studies; ICCO/Netherlands; Institute of Graduate Development Studies-Geneva (IUED); Oxfam Solidarity, Belgium; Stichting Vluchteling/Netherlands; Swiss Federal Department for Foreign Affairs (PD IV); and, the Swiss Human Rights Forum Israel/Palestine.

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Seminar-3: Cairo, 5-8 March 2004 ”Closing the Gaps: from Protection to Durable Solutions for Palestinian Refugees ” (Hosted by al Ahram Center for Strategic and Political Studies)

More than 30 international experts, practitioners of human rights and humanitarian law in UN agencies (UNRWA, UNHCR), academia, NGOs, as well as Palestinians active in community organizations and NGOs in Palestine, Lebanon and Syria gathered in Cairo, in order to identify major protection gaps, examine the roles of international and regional actors, review proposals and initiatives aimed at the improvement of protection, and achieve maximum consensus about strategies that could both enhance protection and support rights-based durable solutions for Palestinian refugees.

Conclusions and Recommendations

1. Protection and Durable Solutions, Definitions, Scope and Gaps:

International assistance, protection and the search for durable solutions are part of a continuum and should not be seen in isolation. In the case of Palestinian refugees, major reasons for the current protection gaps are: Lack of political support (political will) for a rights-based permanent solution by the parties to the conflict and members of the UN Security Council, especially permanent members of the Security Council; State signatories to the 1951 Refugee Convention have not integrated Article 1D into domestic legislation and/or have not yet adopted interpretations of Article 1D that would provide protection ; Arab states, signatories of the 1965 Casablanca Protocol, do not, in practice, implement its provisions; The regional human/refugee rights regime available in the Arab world is weak (Draft Revision of the 1994 Arab Human Rights Charter on Human Rights, 1992 Declaration on the Protection of Refugees and Displaced Persons in the Arab World); The weakening of PLO political representation in Arab host countries has resulted in loss of protection by Palestinian refugees.

Especially Vulnerable Groups Identified: a) Regarding Protection : Palestinian refugees in Iraq and the No Man’s Land on the border between Iraq and Jordan; Palestinian refugees in the 1967 OPT ; Palestinian refugees in Egypt ; Palestinian refugees in Lebanon, especially those not registered with UNRWA (registered with the Department for Palestinian Affairs only or not registered at all); Gaza refugees in Jordan (not registered with UNRWA and not citizens of Jordan); unprotected Palestinians outside the Arab world (forced removal, detention, ‘airport refugees’); b) Regarding Durable Solutions based on the Right of Return : all Palestinian refugees.

Additional Research Required for the Improvement of Available Legal Instruments: a) Arab world protection gaps : Problems are related mainly to non-implementation of the 1965 Casablanca Protocol by signatory states and the weakness of the Arab regional human rights regime in general. Research required : a country-by-country investigation of the status of Palestinian refugees, procedures and practice in light of existing legal instruments; b) Protection Gaps in States, Signatories of the 1951 Refugee Convention: the 2002 UNHCR Note on Article 1D of the Convention constitutes a major improvement. Additional research is required on: ‘returnability’ of Palestinian

49 refugees to Arab states (countries of former habitual residence) in order to develop clear guidelines for third countries handling Palestinian asylum claims (UNHCR is working on this matter); additional input to the BADIL Handbook and assistance with publication and dissemination are needed to guarantee wide dissemination and maximum impact. c) 1954 and 1961 Statelessness Conventions : Possible protection of stateless Palestinians under these conventions was only briefly discussed and requires more in-depth debate. d) International Humanitarian Law : IHL, especially the Fourth Geneva Convention, as well as international Human Rights Law and Conventions must be further explored as instruments for Palestinian refugee protection.

2. Roles of International Agencies in Protection and the Search for Durable Solutions:

Participants generally welcomed the decision by UNRWA and UNHCR to cooperate and increase their efforts for Palestinian refugee protection. Participants also agreed that a division of tasks based on existing mandates may serve best to avoid adverse political and financial consequences. NGO participants also welcomed the interest of both agencies in cooperating with civil society organizations on a regular basis. A number of recommendations were made relating to the concern that the geographic division of protection and search for durable solutions might fail to provide adequate and equal protection and lead to the fragmentation of the Palestinian case. a) Regular coordination by UNHCR and UNRWA in policy planning and activities in the region, in order to ensure that Palestinian refugees, especially the most vulnerable groups, receive maximum and harmonized protection wherever they are; b) UNHCR to make use of all means available for the promotion of rights-based solutions for Palestinian refugees who are of its concern; c) Engage additional key actors in the debate about ways to enhance Palestinian refugee protection and the search for rights-based permanent solutions: ICRC, UNSCO, League of Arab States, PLO, Council of Europe, European Union, a.o.

3. Civil Society Initiatives:

The following are suggested initiatives for Palestinian, Arab and international human rights and community organizations and academia in cooperation with UNRWA, UNHCR and other UN and international organizations: a) Expand public awareness-raising campaigns on the Palestinian refugee issue, its root causes, the right of return, reasons for the absence of permanent solutions and the ongoing need for protection. Awareness-raising efforts should focus on Europe and North America where public pressure is the only way to change official political positions. b) Increase awareness in the Arab world of human and refugee rights in general, and Palestinian refugees’ right to protection and durable solutions in particular. Target both Arab citizens and Palestinian refugees and promote the understanding that improvement of protection does not negate the right of return. Organize and support public conferences, seminars and workshops on the Palestinian refugee issue, in the Arab world. c) Support initiatives promoting the rule of law and human/refugee rights i n the Arab world, such as: - Strengthen the language on protection and durable solution rights in current drafts of regional conventions (1994 Arab Charter on Human Rights; 1992 Declaration on the Protection of Refugees and Displaced Persons in the Arab World); - Lobby for the endorsement of improved regional conventions as well as accession to 1951 Refugee Convention; - Promote introduction of international refugee law in Arab university law departments. d) Support efforts of Palestinian NGOs and community organizations in Arab host countries to form broad Palestinian fora for community representation and reactivation of PLO representation as a way of enhancing both protection and political support for durable solutions based on the right of return. e) Disseminate the ‘Plan for Temporary Protection and Durable Solutions ’ presented by Susan Akram through community meetings, seminars and workshop to obtain both popular and professional feedback to serve as the basis for a coordinated decision on whether this plan should be promoted by Palestinian civil society organizations. f) Identify policy makers, legal experts and fora worldwide who are looking for contact and ways to work within a rights based approach on the Palestinian refugee issue; communicate and exchange contacts. g) Participate in NGO meetings (Pre-Excom) held prior to the annual UNHCR Executive Committee Meetings . Palestinian NGOs should coordinate their participation, present statements and lobby participants (mainly northern NGOs) and officials.

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Seminar-4: Haifa, 1 – 4 July 2004 ”Rights-based Durable Solutions for Palestinian Refugees – Ways Forward” (Hosted by the Emil Touma Institute and ADRID)

35 local and international experts and Palestinians and Jewish Israelis active in academia, NGOs and community organizations reviewed legal principles and academic research (Transitional Justice, popular participation in peace processes) for relevant lessons to be learned for initiatives in the Israeli-Palestinian context. Practical experience with civil society initiatives aimed at the inclusion of Palestinian refugees (e.g. Civitas, Zochrot), as well as perspectives of campaigning for boycott and sanctions against Israel were presented for debate.

Conclusions and Recommendations

1. Priorities for local civil society campaigns: a) Combine human rights-language with a political edge which provides long-term prospects: a Palestinian consensus around a one-state solution as a strategic objective and promotion of the model of the bi-national state (or a bi-national approach) could help challenge the dominant language of separation; the call for self- determination and equality alone appear to be insufficient and lacking moral appeal. b) End the fragmentation of the Palestinian cause and struggle , i.e. separation between Palestinians inside Israel, the 1967 OPT and the Palestinian exile; c) Raise awareness about the nature of Israel’s regime and its relation to the continued dispossession and displacement of Palestinians; d) Engage Palestinian civil society effectively , including development of a mechanism for Palestinian NGO coordination/cooperation with political parties.

2. Methods and Tools of Struggle

There is room for diversity. Different methods and tools, reflecting the same principles and message, must be used for different target groups; methods and means of struggle must challenge the current balance of power and take into account the prevailing context of injustice. The situation of Palestine-Israel is a situation of ongoing conflict, and not a transitional or post conflict situation.

3. Strategies and Campaigns:

3.1 Israel boycott-divestment-sanction campaigns are a necessary means to challenge the current status quo. The argument for such campaigns must: be based on a united call of all major Palestinian civil society organizations; reflect all components of the conflict and avoid separation between Israeli actions in the 1967 OPT and inside Israel; include boycott of cultural, academic, sports, and other relations, because this challenges Israel’s image in the west and is far more effective than economic boycott only; be accompanied by effective support of

51 organizers of boycott/sanction campai gns against orientalist stereotypes, allegations of anti -semitism and the ‘war against terror’ employed against them by Israel and Zionist organizations;

3.2 Education and Awareness-raising

International a) Information campaigns must accompany boycott-divestment-sanction campaigns, because people in the West cannot understand why they should boycott Israel from the mainstream media; b) Better communication strategies are need for tackling western public opinion . Israel is very capable of using and communicating the language of anti-semitism, and Europeans have learned about the Palestinian refugee issue only with the second intifada. c) Highlight that Israel is a colonial state , the only chapter of colonialism that has not been resolved. Therefore relations in the Middle East and between the Middle East and Europe cannot be normal.

In Palestine-Israel a) Awareness-raising efforts among Jewish-Israeli society are important , not because they will have an immediate affect on the current balance of power, but for the sake of the longer-term future and because Jewish-Israelis opponents of the Zionist regime are also among its victims. b) Palestinian civil society organizations, especially those in Israel, are the agents of change. Building their capacity should have priority over efforts towards awareness-raising among the Jewish-Israeli society.

3.3 Legal analysis and strategy:

International law provides guidelines for action, law is not only a matter for courts. It is especially important for civil society struggle conducted in an environment of injustice and unfavorable balance of power. Legal analysis can also open new opportunities for public initiatives. No legal strategy, however, will be effective unless accompanied by broad civil society campaigns.

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Part Four: 2004 Financial Audit Report

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